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05/24/2022CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● MAY 24, 2022 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 894 5953 6585 Password: 279068 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. Agenda Grand Terrace City Council May 24, 2022 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS Pledge of Allegiance Proclamation – Knights of Columbus 2021 Annual Report – San Bernardino County Sheriff’s Department C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Approval of Minutes – Regular Meeting – 05/10/2022 DEPARTMENT: CITY CLERK 2. Approve National Day of Prayer and Mental Health Month Proclamations RECOMMENDATION: Approve National Day of Prayer and Mental Health Month Proclamations DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council May 24, 2022 City of Grand Terrace Page 3 3. City Department Monthly Activity Report - March 2022 RECOMMENDATION: Receive and file. DEPARTMENT: CITY MANAGER 4. Second Reading and Adoption of Ordinances of the City Council of the City of Grand Terrace, California, Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units RECOMMENDATION: 1. Direct the City Attorney to Read by title only, waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 which also finds and determines that this ordinance is not a “project” for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n); and 2. Direct the City Attorney to Read by title only, waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, which also finds and determines that this ordinance is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 5. Council "Top Priorities" 2022-23 Fiscal Year Review and Update Log RECOMMENDATION: Provide Staff With Direction and or Receive and File Report DEPARTMENT: CITY MANAGER 6. Approve Purchase of Laserfiche Quick Field & Zone OCR Validation Pack to the City's Current Electronic Content Management System RECOMMENDATION: 1. Approve the Purchase of Laserfiche Quick Field & Zone OCR Validation Pack to the City's current Electronic Management System (one-time cost of $20,410.70), and related maintenance (additional annual cost of $4,500); and 2. Authorize the City Manager to sign related documents related to the above- mentioned purchase subject to City Attorney approval as to form. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council May 24, 2022 City of Grand Terrace Page 4 7. Award and Approval of Contract for Traffic Signal Maintenance and On-Call Emergency Services RECOMMENDATION: 1. Adopt a Resolution rejecting the bid by Bear Electrical Solutions as non-responsive. 2. Award and Approve a Contractor Agreement to St. Francis Electric, LLC. for Traffic Signal Maintenance and On-Call Emergency Services in the amount of $20,000 per year with an initial term of 3 years and 2 options to extend of 1 year each. 3. Authorize City Manager to execute the Contractor Agreement with St. Francis Electric, LLC and to execute the 2 options to extend, subject to the City Attorney’s approval as to form. DEPARTMENT: PUBLIC WORKS 8. Resolutions Calling & Giving Notice of a General Municipal Election on November 8, 2022, and Requesting Consolidation of the Municipal Election with the State-Wide General Election on November 8, 2022; and Establishing Candidate Statement Regulations RECOMMENDATION: 1. Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL LAW CITIES 2. Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 DEPARTMENT: CITY CLERK 9. Consultant Agreement for Voter Opinion Research, Education and Outreach Services Relating to Potential Transient Occupancy Tax Ballot Measure RECOMMENDATION: 1. Approve an Agreement between the City and Desmond & Louis, Inc. to provide voter opinion research, education and information outreach for a potential ballot measure to be placed on the November 2022 General Municipal Election in the amount of $47,000, for a term of 1 year with 2 extensions of 1 year each. 2. Authorize the City Manager to sign the Agreement, subject to City Attorney approval as to form. DEPARTMENT: CITY MANAGER Agenda Grand Terrace City Council May 24, 2022 City of Grand Terrace Page 5 10. Consideration of Resolutions Initiating Proceedings to Levy & Increase (As Previously Authorized by Property Owners) Annual Assessments for Fiscal Year 2022-2023 for the City of Grand Terrace Landscape & Lighting Assessment District 89-1 (“District”); Preliminarily Approving the Related Engineer’s Report; and Setting and Declaring the City Council’s Intention to Conduct a Public Hearing on July 12, 2022, at 6:00 P.M. or Soon Thereafter as Feasible, and to Levy, Increase (As Previously Authorized by Property Owners), and Collect Annual Assessments Related Thereto RECOMMENDATION: 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, INITIATING PROCEEDINGS TO LEVY AND INCREASE (AS PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS) ANNUAL ASSESSMENTS FOR THE 2022-2023 FISCAL YEAR FOR THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE ENGINEER TO BE PREPARED AND FILE A REPORT IN ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF SAID ACT; and 2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY, INCREASE (AS PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS), AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023; and 3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING AND DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 12, 2022, at 6:00 P.M. OR SOON THEREAFTER AS FEASIBLE, ON LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND INTENTION TO LEVY, INCREASE (AS PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS), AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023 DEPARTMENT: PUBLIC WORKS 11. Resolution Adoption Declaring the City Council's Intention to Conduct and Setting a Public Hearing on July 12, 2022, Relating to Solid Waste, Recycle, Disposal Service, and Waste Collection Rate Increases RECOMMENDATION: Adopt A RESOLUTION NO. 2022-__ DECLARING THE CITY COUNCIL’S INTENTION TO CONDUCT AND SETTING A PUBLIC HEARING ON JULY 12, 2022, AT 6:00 P.M., OR AS SOON THEREAFTER AS FEASIBLE, IN THE CITY COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE CALIFORNIA TO HEAR MATTERS PERTAINING TO PROPOSED SOLID WASTE, RECYCLE, DISPOSAL SERVICE, AND WASTE COLLECTION RATE INCREASES. DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council May 24, 2022 City of Grand Terrace Page 6 12. Approve a Capital Improvement Program for FY 2022/23 through 2026/27 and Adopt Resolution for SB 1: RMRA Projects for FY 2022/23 RECOMMENDATION: Approve AN UPDATED 5 YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022/23 THROUGH 2026/27 Adopt A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEARS 2022/23 THROUGH 2026/27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 DEPARTMENT: PUBLIC WORKS D. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 13. Adoption of Resolutions Submitting a Transient Occupancy Tax to the City’s Voters at the November 8, 2022, Election RECOMMENDATION: Adopt the following Resolutions: 1. A Resolution submitting the Transient Occupancy Tax to the City’s voters at the November 8, 2022, election. 2. A Resolution authorizing primary arguments (and setting priorities for choosing thereof) and directing the City Attorney to Draft an Impartial Analysis concerning the Transient Occupancy Tax. 3. A Resolution authorizing rebuttal arguments concerning the Transient Occupancy Tax. DEPARTMENT: CITY ATTORNEY Agenda Grand Terrace City Council May 24, 2022 City of Grand Terrace Page 7 14. Introduction of the FY2022-23 Proposed Budget RECOMMENDATION: 1. Review the Proposed Budget for Fiscal Year 2022-23; and 2. Begin budget deliberations for the Proposed Budget for Fiscal Year 2022-23 on June 14, 2022. DEPARTMENT: FINANCE H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. CLOSED SESSION - NONE L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, June 14, 2022, at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● MAY 10, 2022 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, May 10, 2022, at 6:00 p.m. Invocation Council Member Doug Wilson provided the Invocation. Pledge of Allegiance Ben Jones, Assistant City Attorney, led the Pledge of Allegiance. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Present Doug Wilson Council Member Present Jeff Allen Council Member Present Konrad Bolowich City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Terry Shea Interim Finance Director Absent A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS – NONE C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda C.1 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council May 10, 2022 City of Grand Terrace Page 2 2. Approval of Minutes – Special Meeting Workshop – 04/21/2022 APPROVE THE SPECIAL MEETING WORKSHOP MINUTES OF APRIL 21, 2022. 3. Approval of Minutes – Regular Meeting – 04/26/2022 APPROVE THE REGULAR MEETING MINUTES OF APRIL 26, 2022. 5. Ordinance Adjusting City Council Salary and Formally Establishing Vehicle and Technology Allowances DIRECT THE CITY ATTORNEY TO READ THE TITLE FOR SECOND READING, WAIVE FURTHER READING OF, AND ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADJUSTING THE MONTHLY SALARY OF THE CITY COUNCIL AND ESTABLISHING VEHICLE AND TECHNOLOGY ALLOWANCES AGENDA ITEM C.4 WAS PULLED FOR DISCUSSION BY COUNCIL MEMBER JEFF ALLEN. 4. Grand Terrace High School Senior Parade THAT THE CITY COUNCIL APPROVE A RESOLUTION FINDING THAT THE USE OF CITY FUNDS TO PAY FOR A PARADE FOR GRADUATING SENIORS AT GRAND TERRACE HIGH SCHOOL SERVES THE PUBLIC INTEREST. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen AGENDA ITEM C.6 WAS PULLED FOR DISCUSSION BY MAYOR PRO TEM HUSSEY 6. Twenty-Ninth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino to Provide Law Enforcement Services for Fiscal Year 2022- 23 to the City of Grand Terrace 1. APPROVE THE TWENTY-NINTH AMENDMENT TO LAW ENFORCEMENT SERVICES CONTRACT NO. 94-797 WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE LAW ENFORCEMENT SERVICES FROM THE SHERIFFS’ DEPARTMENT FOR FISCAL YEAR 2022-23; AND 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT, SUBJECT TO CITY ATTORNEY’S APPROVAL AS TO FORM. C.1 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council May 10, 2022 City of Grand Terrace Page 3 RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen D. PUBLIC COMMENT Juanita Odenbaugh, Grand Terrace expressed her concerns regarding semi-truck traffic in her neighborhood. She does not believe the signs for “no truck traffic” are placed in the correct location; they need to be placed on Barton Road. She asked when the wall will be built by a local business that was discussed with the prior City Manager. She also stated this same business has burn piles on an adjacent property which she believes is a danger to the community and requested that the City require the business to remove them. Bobbie Forbes, Grand Terrace also believes that the no truck traffic signs in the neighborhood are inadequate. She wants to report her concern about recent fireworks activity in the area. Ms. Forbes wanted to congratulate the Historical & Cultural Activities Committee on its recent art show and how successful it was. E. PUBLIC HEARINGS 1. Ordinances of the City Council of the City of Grand Terrace, California, Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation for this item. Mayor McNaboe opened the public hearing at 6:45 p.m. PUBLIC COMMENT Bobbie Forbes, Grand Terrace does not believe the implementation of Senate Bill No. 9 and regulations for accessory dwelling units is good for the community. She wanted to know if modular units will be allowed under the legislation and how the owner-occupied rental regulations will be enforced if the property sells. Mayor McNaboe closed the public hearing at 6:48 p.m. 1. CONDUCT A PUBLIC HEARING; AND C.1 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council May 10, 2022 City of Grand Terrace Page 4 2. READ BY TITLE ONLY, WAIVE FURTHER READING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 WHICH ALSO FINDS AND DETERMINES THAT THIS ORDINANCE IS NOT A “PROJECT” FOR PURPOSES OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); AND RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 3. READ BY TITLE ONLY, WAIVE FURTHER READING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, WHICH ALSO FINDS AND DETERMINES THAT THIS ORDINANCE IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 2. Award of Contract for HVAC Preventative Maintenance and Repair Services to Loma Linda Heat and Air Conditioning Inc. Luis Gardea, Building Official gave the staff report and PowerPoint presentation for this item. 1. AWARD AND APPROVE AN AGREEMENT FOR HVAC SERVICES TO LOMA LINDA HEAT AND AIR CONDITIONING INC. IN THE AMOUNT OF $70,916.80 WITH AN INITIAL 3-YEAR TERM AND 2 AUTOMATIC EXTENSIONS OF 1 YEAR EACH. 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. C.1 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council May 10, 2022 City of Grand Terrace Page 5 RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Mayor Pro Tem SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 3. Consideration of Commercial Cannabis Regulations Ben Jones, Assistant City Attorney gave the staff report and PowerPoint presentation for this item. DISCUSS AND PROVIDE DIRECTION TO STAFF ON ESTABLISHMENT OF A POTENTIAL COMMERCIAL CANNABIS REGULATORY PROGRAM, INCLUDING WHAT TYPES OF CANNABIS ACTIVITIES TO PERMIT (IF ANY). RESULT: APPROVED [3 TO 2] MOVER: Darcy McNaboe, Mayor SECONDER: Sylvia Robles, Council Member AYES: Darcy McNaboe, Sylvia Robles, Jeff Allen NAYS: Bill Hussey, Doug Wilson H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL 1. Motion: Return to City Council-City Manager Form of Government Where Council Chooses one of its Number to Serve as Presiding Officer of the Council, to be known as Mayor Requested by: Council Member Sylvia Robles RESULT: DEFEATED [2 TO 3] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: Sylvia Robles, Jeff Allen NAYS: Darcy McNaboe, Bill Hussey, Doug Wilson I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to report. Council Member Doug Wilson Council Member Doug Wilson commented on committee meetings and events that he attended. Click here to view the report. C.1 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council May 10, 2022 City of Grand Terrace Page 6 Council Member Sylvia Robles Council Member Sylvia Robles commented on committee meetings and events that he attended. Click here to view the report. Mayor Pro Tem Bill Hussey Mayor Pro Tem Bill Hussey commented on committee meetings and events that he attended. Click here to view the report. Mayor Darcy McNaboe Mayor Darcy McNaboe commented on committee meetings and events that he attended. Click here to view the report. J. CITY MANAGER COMMUNICATIONS Konrad Bolowich, City Manager announced there is construction on Barton Road for the new development. Over the next 12 weeks Barton Road will be reduced from two to one lay in each direction for three to four days at a time between 8:30 am and 4:30 pm. K. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council to closed session at 8:50 p.m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation [Pursuant to Government Code Section 54956.9(d)(2), e(1)] A point has been reached where, in the opinion of the legislative body of the local agency, upon the advice of its legal counsel based on existing facts and circumstances, that there is significant exposure to litigation against the local agency. The facts and circumstances are those that might result in litigation against the local agency but which the local agency believes are not yet known to be a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. Number of Cases: One (1) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Case Name: Sunny Days, LLC v. City of Grand Terrace Case No.: CIV SB 2107692 C.1 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council May 10, 2022 City of Grand Terrace Page 7 RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the regular meeting of the City Council from closed session at 9:12 p.m. REPORT OUT OF CLOSED SESSION Mayor McNaboe announced that there was no reportable action taken. L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council at 9:15 p.m. The Next Regular Meeting of the City Council will be held on Tuesday, May 24, 2022, at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra Thomas, City Clerk C.1 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 0 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Approve National Day of Prayer and Mental Health Month Proclamations PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Approve National Day of Prayer and Mental Health Month Proclamations 2030 VISION STATEMENT This staff report supports our Vision Statement in which Grand Terrace is a place that fosters pride and an engaged community. BACKGROUND: On May 9, 2017, the City Council approved a revised version of its Presentation of Certificates, Commendation, Proclamations, Plaques, and other Recognition Awards (Attachment I). In Paragraph 4, under section titled “POLICY”, it provides the various options in which recognitions and proclamations are to be presented. For those recognitions and proclamations that are to be presented outside of a City Council meeting, or if they are to be mailed, those items are to be placed on the Consent Calendar for approval at the City Council’s second meeting of the month. DISCUSSION: On April 11, 2022, there was a request from Dan and Cheree Griffith of the Inland Empire Prayer Breakfast, requesting that the City of Grand Terrace issue a proclamation for National Prayer Day and that the proclamation would be picked up for the May 5, 2022, event at the Doubletree Hotel in Ontario, California. The proclamation was prepared and picked up by Carolyn Preschern on April 28, 2022 (Attachment II). On May 6, 2022, there was a request from Carl Dameron of the Healthy Heritage Movement that the City Council provide a Proclamation recognizing Mental Health Awareness Month and that it be presented in time for the event being hosted on May 15, 2022, at the Ontario Improv in Ontario, California. The Proclamation was prepared and scheduled for pick up on May 13, 2022, by Carl Dameron. (Attachment III). FISCAL IMPACT: C.2 Packet Pg. 15 None. ATTACHMENTS: • Attachment I Policy - Certificates, Commendations, Proclamations, Plaques and Other Recognition Awards (PDF) • Attachment II - National Day of Prayer - 2022 (PDF) • Attachment III - Mental Health Month (PDF) APPROVALS: Debra Thomas Completed 05/13/2022 9:47 AM City Manager Completed 05/13/2022 10:01 AM City Council Pending 05/24/2022 6:00 PM C.2 Packet Pg. 16 CITY OF GRAND TERRACE CITY COUNCIL POLICY Revised May 9, 2017 PRESENTATION OF CERTIFICATES, COMMENDATIONS, PROCLAMATIONS, PLAQUES, AND OTHER RECOGNITION AWARDS PURPOSE: To establish guidelines for recognition of individuals, groups, and events of significance to the Grand Terrace community by the issuance of certificates, Recognition, Acknowledgement and Commendation Pins. POLICY: It is the policy of the City Council that when a request for recognition is received, certificates, proclamations and other recognition awards shall be prepared in accordance with the adopted guidelines of this policy, including the attached Guidelines for Recognition Requests. Requests for recognition may come from any Council Member, Mayor Pro Tem, or the Mayor. If a request for recognition is consistent with any of the request categories described in Exhibit "A", the City Manager or City Clerk may direct staff to issue such recognition award as specified in Exhibit ''A". If recognition is to be made at a City Council meeting, it will be placed on the Agenda under "PRESENTATIONS" during the second Council meeting of the month. If a commendation or proclamation is requested on short notice and cannot be approved by the City Council prior to the time of presentation, the Mayor or City Manager will determine whether it is consistent with the intent of this policy and, if consistent it will be placed on the "CONSENT CALENDAR" for approval after the fact. Likewise if a commendation or proclamation will be presented outside of a City Council meeting, or if it is to be mailed, it will be placed on the "CONSENT CALENDAR" for approval. If a request for recognition is not clearly consistent with any of the request categories described in Exhibit "A", the City Clerk shall confer with the City Manager with respect to placing the request on the agenda of the next City Council meeting for discussion and/or approval. This policy provides that any member of the City Council may make presentations of recognition awards outside of a City Council meeting. This policy prohibits the City of Grand Terrace from supporting, promoting, or otherwise making endorsements for any religious purposes whatsoever, which includes multi- cultural, cultural and ethnic groups and events or activities having religious overtones. C.2.a Packet Pg. 17 At t a c h m e n t : A t t a c h m e n t I P o l i c y - C e r t i f i c a t e s , C o m m e n d a t i o n s , P r o c l a m a t i o n s , P l a q u e s a n d O t h e r R e c o g n i t i o n A w a r d s ( A p p r o v a l o f EXHIBIT "A" GUIDELINES FOR RECOGNITION REQUESTS Notice Requirements: Requests for Certificates of Acknowledgement & Acknowledgement Pin; Certificates of Recognition & Recognition Pin; Commendations & Key Pin and Proclamations must be received no less than 72 hours in advance of the presentation. Original Signatures & E-Signatures: E-Signatures will be acceptable in place of original wet signatures. Types of Recognition Awards: Certificates of Acknowledgement & Acknowledgement Pin: This award acknowledges and thanks those individuals who continually demonstrate generosity, kindness and consideration towards their neighbors. It was inspired by those good Samaritans among us, who help/volunteer to make a difference in our community. The Acknowledgement Award is intended to provide the community with an opportunity to publicly acknowledge those without a title or carrying out a mission of a formal organization, their goal is simply for the betterment of our community. Certificates of Recognition & Recognition Pin: Certificates of recognition will be prepared for personal accomplishments: Certificates of Recognition is initiated by a member of the City Council and will be signed by all members of the City Council.. Certificates of Recognition may be presented under the following circumstances: Guests from Other Countries or States: Commendations shall be prepared for dignitaries from other countries or states acknowledging their visit and welcoming them to the City of Grand Terrace. Honorees shall be invited to attend a City Council meeting for presentation or arrangements may be made to present commendations signed by the City Council outside of a City Council meeting. Anniversaries: Certificates of recognition shall be prepared to commemorate grand openings of businesses in the City of Grand Terrace, for anniversaries of 10 years or greater for any business or community service organization located in the City, companies doing business within the City or another public agency who provides service to the residents of the City of Grand Terrace. Honorees shall be invited to attend a City Council meeting for presentation, or arrangements may be made to present certificates signed by all members of the City Council, outside of a City Council meeting. In addition to the certificate each member of the organization present shall receive a City of Grand Terrace Recognition Pin (5 Max). Commendations and Key Pin: Commendations will be prepared for individuals, C.2.a Packet Pg. 18 At t a c h m e n t : A t t a c h m e n t I P o l i c y - C e r t i f i c a t e s , C o m m e n d a t i o n s , P r o c l a m a t i o n s , P l a q u e s a n d O t h e r R e c o g n i t i o n A w a r d s ( A p p r o v a l o f organizations, dignitaries, members of the Council, and Boards/Commissions who have attained major achievements. Commendations require City Council approval and are signed by the entire City Council. Examples of major achievements and circumstances meriting a commendation include: Acts of Heroism: Commendations may be given to residents of Grand Terrace who perform heroic acts and to non-residents who perform acts of heroism to save the life or property of a City resident. Honorees shall be invited to attend a City Council meeting for presentation of a Commendation signed by the City Council. Girl Scout and Boy Scout Accomplishments: Commendations may be prepared to recognize Grand Terrace residents who achieve the rank of Eagle Scout in the Boy Scouts or the Gold or Silver Award in the Girl Scouts. Honorees shall be invited to attend a City Council meeting for presentation or arrangements may be made to present commendations signed by the City Council outside of a City Council meeting. Distinguished Accomplishments or Service by Individuals: Commendations shall be prepared for individuals and organizations, who reside, work, are located in, or have made numerous contributions to the community or citizens of Grand Terrace and who have achieved distinguished accomplishments during their tenure of service. Honorees shall be invited to attend a City Council meeting for presentation or arrangements may be made to present commendations signed by the City Council outside of a City Council meeting. Athletic/ Academic Accomplishments: Recognition of athletic/academic accomplishments may be given when an individual or team reaches a significant level of competition on a regional, state or national level. Recognition should occur when the individual or team has completed the highest level of competition. Honorees shall be invited to attend a City Council meeting for presentation of a certificate of recognition signed by all members of the City Council. Significant Achievement or Service: Recognition of significant achievement or service shall be prepared at the discretion of the City Manager, Mayor or City Council for significant recognition such as to outgoing commissioners at the completion of their terms; to retiring City Council Members; to retiring City employees; visiting dignitaries and officials of other Countries; and federal or state government officials. If possible, honorees shall be invited to attend a City Council meeting for presentation. Otherwise, arrangements may be made to present the recognition outside of a City Council meeting. Proclamations: Proclamations are an official decree of the City Council and will be presented to organizations, dignitaries, members of the Council, and Boards/Commissions, commemorating a special date or event. Proclamations require City Council approval and are signed by the City Council. Examples of circumstances or events meriting a proclamation include: C.2.a Packet Pg. 19 At t a c h m e n t : A t t a c h m e n t I P o l i c y - C e r t i f i c a t e s , C o m m e n d a t i o n s , P r o c l a m a t i o n s , P l a q u e s a n d O t h e r R e c o g n i t i o n A w a r d s ( A p p r o v a l o f Dedication of Days, Weeks, and Months: Proclamations shall be prepared when requested, to commemorate special dates or events (such as Red Ribbon Week, Fire Prevention Week, etc.). Honorees shall be invited to attend a City Council meeting for presentation of the proclamation signed by the City Council. Arrangements may be made to mail the proclamation to the requesting organization, or presented outside of a City Council meeting. Yearly City Commemorative Events: Proclamations shall be prepared when requested for commemorative events occurring in the City on an annual basis. Honorees shall be invited to attend a City Council meeting for presentation of the proclamation signed by the City Council. Regional Events: Proclamations shall be prepared when requested for events of significance to the City of Grand Terrace, County of San Bernardino, State of California, or the United States of America. Honorees shall be invited to attend a City Council meeting for presentation of the proclamation signed by the City Council. Arrangements may be made to mail the proclamation to the requesting organization. PRESENTATION SCRIPTS In order to facilitate City Council presentations and ensure participation of all involved, staff is proposing to establish protocols (Presentation Scripts) for City Council’s review and approval prior to the actual presentation. Listed below are three (3) types of Recognition Requests: 1. Certificates of Acknowledgement & Acknowledgement Pin; 2. Certificates of Recognition & Recognition Pin; and 3. Commendations and Key Pin. The following Presentation Script is suggested for those listed above: a. Representative(s) will provide information from the Speaker’s podium, outlining why the recipient(s) is receiving the Certificate or Commendation; b. Representative(s) will introduce the recipient(s) to the City Council and members of the public present; c. After the introduction is complete, Mayor will read the Certificate or Commendation out loud, congratulate the recipient(s), and invite the rest of City Council to say a few words, should they desire; and d. After all of City Council has spoken, Mayor will announce that pictures of the recipient(s), representative(s) and City Council will be taken in front of the Council Chamber projector screen. For a Proclamation Recognition Request, the following Presentation Script is suggested: C.2.a Packet Pg. 20 At t a c h m e n t : A t t a c h m e n t I P o l i c y - C e r t i f i c a t e s , C o m m e n d a t i o n s , P r o c l a m a t i o n s , P l a q u e s a n d O t h e r R e c o g n i t i o n A w a r d s ( A p p r o v a l o f a. Mayor will introduce recipient(s) to the City Council and members of the public present and invite recipient(s) up to the Dias; b. Mayor will read the Proclamation out loud, congratulate the recipient(s) and ask if the recipient(s) wishes to say a few words; and c. Mayor will announce that pictures of the recipient(s) and City Council will be taken in front of the Council Chamber projector screen. PRESENTATIONS AWARDED BY OTHER AGENCIES OR ORGANIZATIONS TO THE CITY OF GRAND TERRACE or MEMBERS OF THE GRAND TERRACE COMMUNITY When another organization or agency wishes to recognize the City or members of the public or businesses and present them with their own Certificate, the following Presentation Script is suggested: a. Representative(s) will present a Certificate of Recognition or Acknowledgment to recipient(s) from the Speaker’s podium; b. If part of the presentation includes a PowerPoint slideshow, it will be shown at this time; c. After the Representative(s) has completed their presentation and slideshow, Mayor will congratulate the recipient(s) and invite the rest of City Council to say a few words, should they desire; and d. After any and all of City Council has spoken, Mayor will announce that pictures of the recipient, the representative(s) and City Council will be taken in front of the Council Chambers projector screen. C.2.a Packet Pg. 21 At t a c h m e n t : A t t a c h m e n t I P o l i c y - C e r t i f i c a t e s , C o m m e n d a t i o n s , P r o c l a m a t i o n s , P l a q u e s a n d O t h e r R e c o g n i t i o n A w a r d s ( A p p r o v a l o f C.2.b Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t I I - N a t i o n a l D a y o f P r a y e r - 2 0 2 2 ( A p p r o v a l o f P r o c l a m a t i o n s ) C.2.c Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t I I I - M e n t a l H e a l t h M o n t h ( A p p r o v a l o f P r o c l a m a t i o n s ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: City Department Monthly Activity Report - March 2022 PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report identifies the monthly tasks associated with the delivery of projects to support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to Provide Services and 4) Develop and Implement Successful Partnerships - Work with Local, Regional and State Agencies to secure Funding for Programs and Projects. BACKGROUND: The City Council of Grand Terrace established a 2030 Vision for the City of Grand Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a roadmap to ensure that the City remains on target and reaches its overall goals. The 2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and projects that are aligned with the 2030 Vision goals. The goals include: • Ensure Our Fiscal Viability • Maintain Public Safety • Promote Economic Development • Develop and Implement Successful Partnerships • Engage in Proactive Communications DISCUSSION: This Monthly report includes March 2022 data for each department in the City. The number of projects and activities reported do not reflect everything staff is doing but rather highlights things they have worked on in the past month which may be of interest to City Council and the public. This report is updated monthly and posted to the City’s website on the fourth week of each month. FISCAL IMPACT: The Monthly report has no fiscal impact. The monthly reports do not provide budgetary status. The Finance Department will continue to produce individual monthly financial reports which are separate from the Department monthly reports. ATTACHMENTS: • City Manager Department Report [Final] - March 2022 (PDF) C.3 Packet Pg. 24 APPROVALS: Konrad Bolowich Completed 05/18/2022 10:27 AM City Manager Completed 05/18/2022 10:51 AM City Council Pending 05/24/2022 6:00 PM C.3 Packet Pg. 25 MONTHLY REPORT March 2022 PRESENTED BY THE CITY MANAGER’S OFFICE C.3.a Packet Pg. 26 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) C.3.a Packet Pg. 27 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) i Organizational Chart .........................................................................................1 City Clerk ...........................................................................................................2 Committee/Commissions ........................................................................7 City Manager .....................................................................................................8 Senior Center ....................................................................................... 12 Senior Bus Program ............................................................................. 15 Communications ................................................................................... 20 Planning and Development ............................................................................ 24 Code Enforcement ............................................................................... 43 Weekend Code ..................................................................................... 44 Parking/Graffiti ...................................................................................... 45 Animal Control ...................................................................................... 47 Public Works .................................................................................................. 52 Engineering Division ............................................................................. 53 Maintenance ......................................................................................... 53 Park Maintenance ................................................................................ 55 Burrtec Waste Generation Report ........................................................ 56 Public Works Administration ................................................................. 57 Sheriff’s Contract ............................................................................................ 59 Law Enforcement Services ................................................................... 60 San Bernardino County Fire ........................................................................... 62 Emergency Management Services ...................................................... 63 C.3.a Packet Pg. 28 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) CITY MANAGER Organization Chart City Manager City Clerk Planning & Development Public Works Finance Public Safety Agenda Processing Land Use Planning Engineering Accounting Fire District Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement Records Management Building & Safety Storm Drain Maintenance Payroll FPPC Filings Code Enforcement Facilities Maintenance Treasury Public Records Enforcement Program Parks Maintenance Senior Bus Program 1 C.3.a Packet Pg. 29 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) &LW\RI*UDQG7HUUDFH &LW\&OHUN¶V'HSDUWPHQW &LW\&OHUN x $JHQGD3URFHVVLQJ x (OHFWLRQV x 5HFRUGV0DQDJHPHQW x )33&)LOLQJV x 3XEOLF5HFRUGV 2 C.3.a Packet Pg. 30 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City of Grand Terrace City Clerk’s Department . DATE: April 26, 2022 TO: City Manager’s Office FROM: Debra Thomas, City Clerk City Clerk’s Office SUBJECT: MARCH CITY CLERK MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities and responsibilities within the City Clerk’s Department over the last six (6) months. The City Clerk’s Office is staffed with one position that includes the City Clerk. The primary responsibilities for this department are Council Support Services, Records Management, Administrative Processing, Board Administration and Election Services. Each of these functions require a collaborative effort between the department staff to ensure that all components within the process are completed from origin to file. As the official records manager for all City documents it is imperative that this process be accurate to ensure the preservation of the City’s history. AGENDAS/POSTINGS The City Clerk is responsible for preparing agendas and postings for all City Council Regular and Special Meetings, as well as for the Housing Authority and Successor Agency to the Community Redevelopment Agency. The total number of agendas processed for the month of March 2022 are two (2), spending a total of sixteen (16) hours preparing the agenda packet producing 375 pages. AGENDA PROCESSING/POSTING MONTH Regular Meeting Special Meeting Totals October 2 2 4 November 1 1 2 December 1 1 2 January 2 0 2 February 2 1 3 March 2 0 2 Total Processed 10 5 15 3 C.3.a Packet Pg. 31 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) RESOLUTIONS & ORDINANCES The City Clerk is responsible for the security of all official City records including Resolutions. Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed, certified, and published, when appropriate. It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to Council have been certified and made available for review by the public. The City Clerk must coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and second readings. The number of Resolutions processed for the month of March is four (4). There were no ordinances processed. RESOLUTIONS AND ORDINANCES PROCESSED RESOLUTIONS ORDINANCES MONTHLY TOTALS October 3 0 3 November 1 1 2 December 5 0 5 January 7 1 8 February 5 0 5 March 4 0 4 Total Processed 25 2 27 RECOGNITION ACTIVITY Its purpose is to recognize individuals, groups, and events of significance to the Grand Terrace community by the issuance of Certificates, Recognition, Acknowledgment and Commendation Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are obtained on the document, coordinate attendance at Council meetings for the individual, group, or event representative to accept the recognition, as well as prepare Council with all necessary information to present the recognition if presentation will be held at another venue. There was one (1) Commendation, one (1) Proclamation and one (1) In Memoriam certificate issued for the month of March 2022. Month Certificate of Acknowledgment w/Pin Certificate of Recognition w/Pin Commendation w/Pin In Memoriam Adjournments Certificate of Participation Proclamation Total October 0 6 0 1 0 0 7 November 0 7 0 0 0 1 8 December 0 0 0 0 0 0 0 January 0 43 0 0 0 1 44 February 0 0 0 0 0 0 0 March 0 0 1 1 0 1 3 Total 0 56 1 2 0 3 62 4 C.3.a Packet Pg. 32 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) CONTRACTS AND AGREEMENTS PROCESSED The City Clerk works closely with the City Council and is responsible for processing follow-up documentation. Management of these documents include contracts and agreements, and it is the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan, and file. No agreements were processed for the month of March 2022. CONTRACTS & AGREEMENTS PROCESSED October 1 November 1 December 4 January 2 February 3 March 0 Total 11 RECORDS REQUESTS The City Clerk’s office received ten (10) Requests for Copies of Public Records for the month of March 2022. Eight (8) of these requests were completed within the Government Code Section 6253(c)’s requirement of ten (10) calendar days and two (2) required an extension. The total number of pages provided in response to those requests were 77. RECORDS REQUEST SUMMARY Month Requests Received Completed Within 10 Days Completed with 14-Day Extension # of Pages Provided Letter to Requestor – No Records October 14 13 1 130 5 November 6 6 0 63 2 December 8 6 2 11,258 0 January 17 9 6 471 4 February 10 7 3 86 3 March 10 8 2 77 4 Total Requests 65 49 14 12,085 18 5 C.3.a Packet Pg. 33 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) CUSTOMER SERVICE – TELEPHONE CALLS The City Clerk is responsible for receiving and responding to inquiries and external customer service requests, communicating, coordinating, and responding to internal department requests, external agency cooperation and legislative bodies. For the month of March 2022, the City Clerk’s office responded to 242 telephone calls from residents, contractors, vendors, consultants, and in-house customer service assistance to City staff. TELEPHONE CUSTOMER SERVICE October 288 November 290 December 311 January 352 February 288 March 242 Total Calls 1,771 HISTORICAL & CULTURAL COMMITTEE ACTIVITY The Historical and Cultural Activities Committee preserves the history of Grand Terrace and facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a liaison facilitating communication between the committee and City Manager and City Council, maintains the committee minutes of its proceedings and provides support for the Annual Art Show, Country Fair and City Birthday Party. Month Committee Meeting Emails w/Committee Members & Vendors Written Correspondence w/Committee Members Telephone Calls with Committee Members & Vendors Art Show/Country Fair & City Birthday Prep & Attendance Total # of Hours October 1 .5 0 .25 0 1.75 November 1 .5 0 .25 0 1.75 December 1 .5 .5 .25 4.0 6.25 January 1 .5 .5 0 0 2 February 1 .5 .5 .5 0 2.5 March 1 .5 .5 .5 0 2.5 TOTAL # HOURS 6.0 3.0 2.0 1.75 4.0 16.75 6 C.3.a Packet Pg. 34 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) COMMITTEES/COMMISSIONS The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and ensuring that all information is current and up to date for each. Listed below are the number of current Appointed City Committees/Commissions, including the number of alternates and vacancies that may exist: COMMITTEES/COMMISSIONS # OF MEMBERS # OF ALTERNATES # OF VACANCIES Historical & Cultural Activities Committee 6 0 1 Planning Commission 4 0 1 Parks & Recreation Committee 4 0 1 7 C.3.a Packet Pg. 35 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) &LW\RI*UDQG7HUUDFH &LW\0DQDJHU¶V2IILFH &LW\0DQDJHU¶V2IILFH x &LW\0DQDJHU¶V2IILFH x +XPDQ5HVRXUFHV x 6HQLRU&HQWHU 8 C.3.a Packet Pg. 36 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) DATE: May 24, 2022 TO: Konrad Bolowich, City Manager City Manager’s Office FROM: Debra L. Thomas, City Clerk SUBJECT: March-2022 Monthly Services Report This monthly report is presented to the City Manager to keep the City Manager and Policy Makers informed of the activities within the City Manager’s Office and programs administered by the office to meet service demands. The tasks and projects identified within the monthly report represent programs administered by the City Manager’s Office. The projects identified in this report do not represent the City Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council in separate and distinct reports. The attached monthly report addresses the City Manager’s Office administration of the following activities:  Human Resources  Senior Center  Finance (currently ACM is Acting Finance Director)  IT and Communications OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. 9 C.3.a Packet Pg. 37 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) HUMAN RESOURCES Mission: It is the mission of human resources to support the organization in meeting its mission and goals through one of its most valuable resources - its PEOPLE. Values: Develop An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that fosters camaraderie, fellowships, challenges, and safety. Increase Participation in City and community activities while seeking knowledge, enthusiasm, and an improved quality of life for ourselves, co-workers, and the community. Respect Team member values that may be different from our own and accept responsibility for promoting ethical and legal conduct in personal and business practices. Communicate In a candid and fair manner with the diverse workforce from whom our City derives its strength. CORE SERVICES 1. Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effective internal interview process, conducting thorough reference checks. 2. Properly balancing the needs of the employees and the needs of the organization. 3. Ensuring a diverse workforce in a safe and discrimination/harassment free environment by: maintaining compliance with employment laws and government regulations, providing management and employee training, and developing policies and procedures. 4. Providing training and development in areas of: effective leadership and career development of employees, and, employment law and government regulation. 5. Retaining our valued employees by: assuring effective leadership qualities in our managers; furnishing technical, interpersonal and career development training and coaching; supplying relevant feedback to management; and enhancing two-way communication between employees and management. 10 C.3.a Packet Pg. 38 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) TABLE 1 Recruitment Activity Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Recruitments Initiated 3 0 2 0 0 1 Recruitments in Progress 3 1 1 3 1 1 Recruitments Pending 2 1 1 0 1 0 Applications Processed 129 0 49 35 0 0 New Hires Processed 2 0 4 4 0 0 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Recruitments Initiated 1 2 Recruitments in Progress 1 1 Recruitments Pending 1 1 Applications Received/Processed 10 19 New Hires Processed 0 1 TABLE 2 Employee Job Performance Activity Description Jul- 2021 Aug- 2021 Sept 2021 Oct- 2021 Nov- 2021 Dec- 2021 Evaluations Processed 1 0 1 3 1 6 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Evaluations Processed 0 0 11 C.3.a Packet Pg. 39 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) SENIOR CENTER Mission: To provide recreational, educational, and social activities for the seniors in the community and to enrich our seniors lives through friendship, activities, education, and nourishment. Core Values: Seniors are recognized as a valuable asset. Seniors have the opportunity to contribute and expand their talents and knowledge. Seniors strengthen our community and benefit personally by their involvement. Seniors have access to a full spectrum of services, including social, emotional, educational, and recreational opportunities appropriate to their unique needs and interests. Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served. TABLE 1 - Senior Center Activities Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Nutrition Program (# of meals served) 660 815 1,015 730 860 915 Homebound Meals 230 285 295 335 295 200 Bingo Bridge Bunco Coffee with Megan Exercise Classes Garden Club Morning Glories (quilting) Movies with Solomon Paint Classes Card Game Night (Wednesday) Zumba Kings Corner Cribbage Cell Phone Class Loteria SPECIAL EVENTS Monthly Birthday Celebration Entertainment (2nd Fri. each mo.) Volunteer Meeting Hydration Station Bus Pass Distribution 4th of July Party / Sept Pizza Party / Health Screening Christmas / Holiday Celebration Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) 12 C.3.a Packet Pg. 40 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Description *Jan -2022 *Feb 2022 **Mar -2022 Apr- 2022 May- 2022 Jun- 2022 Nutrition Program (# of meals served) 795 670 910 Homebound Meals 285 270 260 Arts and Crafts Classes Bingo Bridge Bunco Coffee with Shari Exercise Classes Garden Club Morning Glories (quilting) Movies with Solomon Paint Classes Card Game Night (Wednesday) Zumba Kings Corner Cribbage Cell Phone Class Loteria SPECIAL EVENTS Monthly Birthday Celebration Entertainment (2nd Fri. each mo.) Volunteer Meeting Hydration Station Bus Pass Distribution 4th of July Party / Sept Pizza Party Health Screening Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) ** - Due to COVID-19, the Senior Center will only be providing limited meals. 13 C.3.a Packet Pg. 41 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) 1 0 100 200 300 400 500 600 700 800 900 July August September October November December 660 815 1015 730 860 915 230 285 295 335 295 200 Senior Center (2021 -22) July-2021 -December-2021 # of Meals Served Homebound Meals 0 100 200 300 400 500 600 700 800 900 January February March April May June 795 670 910 0 0 0 285 270 260 0 0 0 Senior Center (2021-22) January-2022 -June-2022** # of Meals Served Homebound Meals ** - Due to COVID-19, the Senior Center will only be providing limited meals. 14 C.3.a Packet Pg. 42 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) TABLE 2 Senior Center Blue Mountain Silver Liner # of Passengers Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Within City Limits (Senior Center, Stater Brothers, Library) 324 441 407 209 373 213 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Within City Limits (Senior Center, Stater Brothers, Library) 349 259 395 0 0 0 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 TABLE 3 # of Rides Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Within City Limits (Senior Center, Stater Brothers, Library) 652 879 835 418 756 430 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Within City Limits (Senior Center, Stater Brothers, Library) 716 533 754 0 0 0 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 15 C.3.a Packet Pg. 43 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) 0 50 100 150 200 250 300 July August September October November December 324 441 407 209 373 213 652 879 835 418 756 430 Senior Transportation July-2021 -December-2021 # of Passengers # of Rides 200 250 300 January February March April May June 349 259 395716533 754 Senior Transportation January-2022 -June -2022 # of Passengers # of Rides 16 C.3.a Packet Pg. 44 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Oc-17 7%5% FINANCE Mission: To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate financial reporting. Values: Transparency (Accessibility of Information): The Finance Department will ensure openness, clarity and comprehensibility when providing reliable, relevant, and timely financial information to the public. Integrity (Reliability on Information Provided): The Finance Department commits adherence to the highest ethical standards. The financial services provided will be honest, fair, and unbiased. Quality (Commitment to Excellence): The Finance Department will deliver financial services expeditiously and provide valuable support services to other departments and the community. Teamwork (Mutual Respect and Cooperation): The Finance Department will work together collaboratively with others, recognize the role and contribution each person makes, and provide assistance as necessary to achieve the City’s 2030 Mission, Vision and Goals. CORE SERVICES The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and Treasury. The Finance Department works in partnership with other departments to effectively develop, manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and projects. 1. Disbursements – to facilitate timely and accurate payments of the City’s financial obligations which includes vendor payments, employee and resident reimbursements, and payroll. 2. Financial Reporting – to provide accurate and meaningful reporting on the City’s financial condition through the City’s monthly and annual financial reports. 3. Purchasing – to authorize the purchase of quality products in a cost-effective manner. 4. Revenue and Treasury Management – to bill and collect revenue while providing cost- effective financing, investments, and cash collection of the City’s resources to enhance the City’s financial condition. 17 C.3.a Packet Pg. 45 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) TABLE 1 Financial Activity Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Invoices Processed 165 124 145 136 120 163 164 Checks Issued 76 88 86 108 72 164 Purchase Orders Established 18 10 12 10 9 5 Revenue Receipts Recorded 22 31 45 57 47 23 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Invoices Processed 170 104 134 Checks Issued 143 126 97 Purchase Orders Established 7 8 3 Revenue Receipts Recorded 71 63 55 165 76 18 22 124 88 10 31 145 86 12 45 136 108 10 57 120 72 9 47 163 164 5 23 0 25 50 75 100 125 150 175 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 18 C.3.a Packet Pg. 46 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL: Monthly: 1. Check Register; and 2. General Fund Monthly Financial Report (revenues less expenditures). Quarterly: 1. Business License Report; and 2. Treasurer’s Report (current cash flow and fund balance); and 3. 1st Quarter, Mid-Year and Year-end Financial Reports (General Fund). Annual: Audited Annual Financial Reports for the following: 1. City – all Funds; 2. Measure I – Fund 20; 3. Air Quality Management District (AQMD) – Fund 15; and 4. Housing Authority- Fund 52. 170 143 7 71 104 126 8 63 0 20 40 60 80 100 120 140 160 180 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 19 C.3.a Packet Pg. 47 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) COMMUNICATIONS Mission: To develop, implement and provide comprehensive internal and external communications for the City and its community. Core Services: Plan, organize and disseminate timely and accurate information and promote awareness of City operations, services, programs, projects, events, and issues to the community. Promote and provide positive and proactive media relations for the City. Disseminate news materials in a timely manner. Initiate and write press releases, public service announcements, articles, and websites for media distribution. Maintain and improve the City’s website for distributing mass media information under various situations. Channel 3: Jul Aug Sep Oct Nov Dec City Council Meeting Replays 2 2 2 2 1 1 Activities/Items Added to Slideshow 0 0 0 0 0 0 Channel 3: Jan Feb Mar Apr May Jun City Council Meeting Replays 2 2 2 Activities/Items Added to Slideshow 0 1 1 Eblast Jul Aug Sep Oct Nov Dec Number of E-newsletters Distributed 3 4 1 2 1 0 Number of Subscribers 865 866 872 873 874 881 Change in Subscribers 35 1 6 1 1 7 Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data Eblast Jan Feb Mar Apr May Jun Number of E-newsletters Distributed 1 1 2 Number of Subscribers 885 886 888 Change in Subscribers 4 1 2 Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data * New e-newsletter management system does not currently track emails opened. 2021-2022 City Communications Data: 20 C.3.a Packet Pg. 48 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Facebook Jul Aug Sep Oct Nov Dec Posts 3 4 0 8 3 2 Total Reach* 4,068 5,794 0 7,290 2,126 2,389 Total Engagement** 376 608 0 716 104 493 Page Followers 2,540 2541 2,560 2,583 2,601 2,603 New Page Followers 9 1 19 23 18 2 Facebook Jan Feb Mar Apr May Jun Posts 5 6 3 Total Reach 11,590 14,896 1,297 Total Engagement 2,831 1,021 45 Page Followers 2,623 2,631 2,635 New Page Followers 20 8 4 * Reach refers to the number of unique people to have seen a post's content. ** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares. 5 Most Popular City Facebook Pages (By % of population) – San Bernardino County % of Pop. 1) Twentynine Palms 31.20% 2) Apple Valley 26.08% 3) Yucca Valley 25.11% 4) Grand Terrace 20.08% 5) Hesperia 16.36% 2,540 2,541 2,560 2,583 2,601 2,603 2,623 2,631 2,635 2,300 2,550 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 FACEBOOK PAGE FOLLOWERS 21 C.3.a Packet Pg. 49 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Twitter Jul Aug Sep Oct Nov Dec Tweets 0 0 0 0 0 0 Impressions 740 1,085 475 328 328 236 Followers 334 333 334 340 340 340 New Followers 3 -1 1 1 1 0 Twitter Jan Feb Mar Apr May Jun Tweets 3 2 1 Impressions 499 1,184 456 Followers 343 343 343 New Followers 3 0 0 YouTube Jul Aug Sep Oct Nov Dec Video Uploads 2 2 2 2 1 1 Video Views 88 86 56 60 62 37 Subscribers 171 171 171 172 172 173 Change in Subscribers -1 0 0 1 0 1 YouTube Jan Feb Mar Apr May Jun Video Uploads 2 2 2 Video Views 92 58 83 Subscribers 173 173 173 Change in Subscribers 0 0 0 *** Impressions refers to the number of times a tweet has been seen. 334 333 334 339 340 340 343 343 343 300 325 350 375 400 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 TWITTER PAGE FOLLOWERS 22 C.3.a Packet Pg. 50 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City News Jul Aug Sep Oct Nov Dec Articles 6 1 1 0 3 2 1/2-Page Ad 0 0 0 0 1 0 1/4-Page Ad 1 1 1 0 0 0 City News Jan Feb Mar Apr May Jun Articles 2 2 5 3 1 1/2-Page Ad 0 0 0 0 0 1/4-Page Ad 1 2 7 AM 1640 Jul Aug Sep Oct Nov Dec Advertisement of City Events 0 0 0 4 1 0 AM 1640 Jan Feb Mar Apr May Jun Advertisement of City Events 0 1 1 Burrtec Newsletter Jul Aug Sep Oct Nov Dec Bi-Monthly Newsletter 1 0 1 0 1 0 Burrtec Newsletter Jan Feb Mar Apr May Jun Bi-Monthly Newsletter 1 0 1 23 C.3.a Packet Pg. 51 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) &LW\RI*UDQG7HUUDFH 3ODQQLQJDQG'HYHORSPHQW6HUYLFHV'HSDUWPHQW 3ODQQLQJ 'HYHORSPHQW x /DQG8VH3ODQQLQJ x 3ODQQLQJ&RPPLVVLRQ x %XLOGLQJ 6DIHW\ x &RGH(QIRUFHPHQW x (QIRUFHPHQW3URJUDP 24 C.3.a Packet Pg. 52 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City of Grand Terrace Planning and Development Services Department . DATE: May 13, 2022 TO: Konrad Bolowich, City Manager City Manager’s Office FROM: Planning Division SUBJECT: MARCH 2022 PLANNING DIVISION MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities within the Planning Division. OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. PLANNING DIVISION Planning Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Plan Review The Planning Division is budgeted for one full time Director, one full-time Associate Planner and one full-time Assistant Planner. All positions are filled and together constitute a minimum of 480 monthly service hours. 25 C.3.a Packet Pg. 53 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Activity Summary for Planning Planning Counter Requests for Information: 65 Planning Phone Calls Received: 134 Planning E-mails Received/Answered: 862 FEMA/COVID-19/SBC OES: Related E-mails Received: 21 Application Summary The Planning Division received 26 new applications in March, and 17 applications were carried over applications. Minor applications such as a new business, patio cover, or small room additions are handled as a Land Use application and typically processed within 2-3 days. Larger additions over 500 square feet or second dwelling units are handled administratively by staff with noticing, and those projects that are either new development or exceed the Director’s administrative authority are handled as Major Permits and are reviewed by the Planning Commission. Home occupation permits are for home based business, such as consulting, housekeeping, and small craft businesses. Application Summary for March 2022 Applications Number Received Carried Over Completed Under Review Major 1 10 2 9 Administrative 1 1 1 1 Land Use 16 0 13 3 Home Occupation 0 0 0 0 Sign 5 0 2 3 Special Event 3 2 4 1 DAB 0 0 0 0 Total 26 13 22 17 0 2 4 6 8 10 12 14 16 18 Major Administrative Land Use Home Occupation Sign Special Event DAB Applications Received and Carried Over in March 2022 Under Review Completed Carried Over Received 26 C.3.a Packet Pg. 54 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Applications Received, Approved and/or Under Review. Fiscal year 2021-2022 to date the Planning Division has received 131 applications for review, 17 applications from previous months remain under review. A comprehensive list of the applications and their status is at the end of the Planning Division’s report. One new business application was received in the month of March. • Barber Shop Overall, Land Use applications are the most predominant applications that the Planning Division processes. Sixteen Land Use applications were received in March. 0 20 40 60 80 100 Major Administrative Land Use Home Occupation Signs Special Event DAB Zoning Verification Applications Received Fiscal Year to Date July August September October November December January February March April May June 4 1 1 11 4 4 Land Use Applications -March 2022 Wall/Fence Shed/Accessory Structures Patio Covers/Sunrooms Pools New Businesses Minor Improvements Temporary Uses/Special Events 27 C.3.a Packet Pg. 55 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Projects in Plan Check or Under Construction Date Submitted Case No. Applicant Description Location Status 1/2/2019 CUP 19-01 SA 19-03 E 19-05 GrandT-1 Inc. Industrial Semi- Trailer Storage Facility APN: 0275- 191-06, 30 Grading Under Construction Community Benefit Agreement Pending The project was approved by the City Council on August 25, 2020, upholding the Planning Commission determination to establish an industrial semi-trailer storage facility on approximately 22 acres. A maximum of 650 total semi-trailers, shipping and storage containers and chassis will be stored on the site at any given time. A 900 square foot caretaker’s admin office and a 4,800 square foot maintenance building will be constructed under an administrative submittal. The site is zoned M2-Industrial, the AG-2 Overlay District, and the FP-Floodplain Overlay District. The Community Benefit Agreement is in review. A rough grading permit has been issued. 11/2/2020 SA 20-08 CUP 21-01 V 20-01 LM 20-2 E 20-08 Bickel Group Multi-Tenant Commercial APN’s:0275- 242-10, 11 Under Construction At the public hearing held on March 18, 2021, the Planning Commission adopted Resolution 2021-01, approving the construction of a 5,342 square-foot Multi-tenant Shopping Center on 0.88-aces. There were no appeals made during the public hearing. 3/29/2019 SA 19-04 E 19-03 Leonardo and Anel Aguayo Single Family Residence 0275-083-09 Under Construction At the public hearing held on June 6, 2019, the Planning Commission adopted a Resolution 2019-07, approving the construction of a 3,627-square foot single family home on a 0.48- acre lot. There were no appeals made during the public hearing. 5/11/2018 ASA 18-06 E 18-06 Tim Boyes Two lots Grading Plans 0276-431-21, 22 Under Construction On August 16, 2018, the Planning and Development Services Department approved the rough grading for two lots located on the west side of Vista Grande Way, north of Grand Terrace Road. 11/15/2017 SA 17-04 E 17-09 Todd Kesseler Single Family Residence 23400 Westwood Street Under Construction At the public hearing held on April 18, 2019, the Planning Commission adopted Resolution 2019-06, approving the construction of a 3,884-square foot single family home on a 1-acre lot. There were no appeals made during the public hearing Development Advisory Board (DAB) The Development Advisory Board is made up of the Planning and Development Services Director, Public Works Director, Consultant Building Official, Fire Marshal’s Office, the RHWCO Superintendent, and Colton Wastewater. The DAB meets to review conceptual plans for various projects and new development applications, and is conducted free of charge. No DAB meetings took place in the month of March. 28 C.3.a Packet Pg. 56 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning Commission The Planning Commission reviews new construction, subdivisions, variances and conditional use permits. They also make recommendations on zone changes, zoning code amendments, and general plan changes. One Planning Commission Meeting was held in the month of March and the following actions occurred: March 3, 2022: • The Planning Commission adopted a Resolution making a general plan conformity finding pursuant to government code section 65402 for the donation of and the City of Grand Terrace’s acceptance of real property located at the northeast corner of Preston Street and Barton Road in the City of Grand Terrace (APN: 0276-213-47-0000 and approximately 1.76 acres). • The Planning Commission adopted a Resolution finding the adoption of SB 9 regulations and recommending that the City Council adopt proposed ordinances establishing objective standards for SB 9 lot splits and developments, and further, updating city regulations regarding ADUs. The Planning Commission also recommended that additional regulations and clarifications be added regarding sewer and onsite wastewater treatment systems, water line connections, and additional parking requirements. Conforming Uses and Grants The city was awarded funding for its Blue Mountain Trailhead and Trail application and continues to implement the grant. Staff was informed that through the efforts of Assembly Member Reyes, the city is the recipient of a $1.2 Million Dollar Specified Grant for the acquisition and development of the Blue Mountain Trail and Trailhead. This grant is funded through the State Budget and is non-competitive. Staff met with State representatives on August 15, 2019. Grant Status Grant Amount Blue Mountain Trailhead and Trail Grant Submitted on October 1, 2017. Site visit completed in November 2017. Awarded. Community workshop held on 4/11/2019. Community workshop #2 – July 19, 2021 $212,500 (Estimated Project cost $520,000) Specified Grant - Blue Mountain Non Competitive. $1.2 Million 29 C.3.a Packet Pg. 57 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Trailhead and Trail Grant Staff met with State Representatives and on August 15, 2019, and March 18, 2020– Property being negotiated with owner for access easement. 05-12-2021 - Interactive website presentation update by Hirsch and Associates Local Early Access Planning Grant (LEAP) Over-the-counter grant complemented with technical assistance for the preparation and adoption of the sixth- cycle Regional Housing Needs Assessment and the City’s Housing Element. $65,000 Regional Early Access Planning Grant (REAP) One-time grant funding to regional governments and regional entities for planning activities that will accelerate housing production and facilitate. Staff support for the Housing Element. Community Emergency Response Team Due to COVID-19 social distancing restrictions, CERT meetings have been held via Zoom. A special CERT volunteer meeting was held on March 1, 2022. During the meeting the following items were discussed: • CERT participation in Blue Mountain Hike Event • Radio AM 1640 Attachment to Planning Division’s Report Applications Received, Approved and/or Under Review Major Applications - Site and Architectural Review Date Submitted Case No. Applicant Description Location Status 03/17/2022 SA 22-03, CUP 22- 01, V 22- 02, E 22- 03, SGN 20-05-A1 Bickel Group Coffee Shop/ “Starbucks” 22220 Barton Road APN: 0275-242- 09 Project was submitted on 03/17/2022. The project is under peer agency review. Bickel Group “Applicant” representing Golden Star Investments submitted the above applications proposing a shell building for a new single story coffee store with drive-thru lane approximately 1,000 sq. ft. Proposed site improvements include new trash enclosure, landscape, and site accessibility. The proposed project will consist of one building, parking, and landscaping. The property is zoned BRSP – General Commercial. It is part of the Barton Road Specific Plan zoned under General Commercial Planning Area 1 (P.A. 1). 30 C.3.a Packet Pg. 58 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) 1/14/2022 SA 22-01, V 22-01, E 22-01 Catherine Tran New Office/Retail Building 22881 Barton Rd APN: 0276-202- 25 Project Submitted Deemed Incomplete on 3/18/2022. Staff met with the applicant on 3/21/2022 Staff continues to work with applicant. Jonathan Zane (“Applicant”) representing Catherine Tran submitted the above applications proposing a new office/retail multi-tenant shopping center. The proposed building is approximated to be 4,911 sq. ft. The proposed project will consist of (3) suites, parking, and landscaping. The property is zoned BRSP – Office Professional. It is part of the Barton Road Specific Plan zoned under (AP) Administrative Professional Planning Area 3 (P.A. 3). 11/17/2021 SA 21-09 CUP 21-06 E 21-07 V 21-02 SP 21-01 Sunoil Retail Group Gas Station 22505 Baron Road APN:1178-011-07 Project Submitted 11/17/2021. Deemed Incomplete on 2/4/2022. Staff met with the applicant on 2/10/2022 Staff continues to work with the applicant The application is proposing the construction of a 2,660 square foot gas station and convenience store on a .36-acre parcel located at 22505 Barton Road (APN: 1178-011- 07-0000), zoned Barton Road Specific Plan, Village Commercial. The proposed gas station will have (4) four fueling stations pumps provides regular, diesel, and E85 fuels; the convenience store will consist of providing fresh hot, cold, and prepackaged items. The project will also include two community outdoor area. Access to public street through Mount Vernon and Barton Road. 9/10/2021 SA 21-08 E 21-05 Carli Norris Single Family Residence APN:0276-421-27 Project Submitted Deemed Incomplete on 10/14/2021 Project deemed incomplete on 3/28/2022 Staff continues to work with applicant. The applicants Carlie Norris and Nanine Tarbaux are proposing the construction of a one-story single-family residence on a .46-acre lot. The proposed residence is a 2,724- square foot home with four bedrooms and a 623 square foot two car garage. The property is located along Grand Terrace Road, zoned R 20-V-Low Density Single Family Residential with an Agricultural Overlay, APN: 0276-421-27-0000. 4/28/2021 TTM 21-01 SA 21-05 E 21-03 Tony Jara Six Lot Subdivision and Five Single Family Residences 11899 Rosedale Avenue Project Submitted Deemed Incomplete on 6/7/2021 31 C.3.a Packet Pg. 59 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Second Incompleteness Letter issued on 2/1/2022 Tony Jara (“Applicant”) representing Jay Gees, LLC submitted the above applications proposing to subdivide 3.8 acres into 6 single family lots. Each lot will have an approximate 2,800 square foot home and the minimum lot size will be of 20,000 square feet. One of the six lots will include the existing residence located on the west side of the property, fronting Rosedale Avenue. The property is zoned R1-20-V, Very Low Density Single Family Residential with an Agricultural Overlay District, and designated Low Density Residential on the General Plan Land Use Map. 3/31/2021 SA 21-03 CUP 21-03 E 21-02 Yakuta Enterprises Convert Single Family to Multifamily 22756 Palm Avenue Deemed Incomplete and inconsistent the zoning 5/7/2021 Letter to resubmit or withdraw the application will be prepared by staff. Derek Wang of Yukata Enterprises, Inc. submitted the above applications proposing to convert an existing 1,371 square foot nonconforming residence to a multifamily duplex on a 0.32-acre lot. The site improvements will include façade improvements, curb, sidewalk, streetscape, pathway from the sidewalk to each unit, front lawn landscape, driveway and required parking. The property is zoned Barton Road Specific Plan, Office Professional. 11/25/2020 SA 20-09 CUP 20-02 E 20-09 Condor Energy Storage Battery Energy Storage Site APN:1167-151-77 (Generally located near the corner of Main Street and Taylor Street) Approved by the Planning Commission on December 2, 2021. Condor Energy Storage, LLC (“Applicant”) represented by Keith Latham is proposing to construct a 200-megawatt battery energy storage system (BESS) located on approximately a 10-acre parcel land. The proposed project will consist of lithium-ion energy batteries installed with racks, inverters, switchgear, and other associated equipment to directly interconnect into the Southern California Edison (SCE) Highgrove Substation located directly north of the proposed property. The site will have remote operational control and periodic inspections and maintenance will be performed, as necessary. The project improvements will include, but are not limited to perimeter wall and fencing, perimeter landscaping, underground electrical cabling, concrete pad for the electrical equipment, and street improvements. An initial environmental study is being prepared by MIG Consultants. The property is zoned M2 (Industrial). 8/12/2020 GPA 20-02 SPA 20-02 SA 20-03 CUP 20-01 E 2-03 Greens INV 15 LLC 22317, 22273, 22293 Barton Road Multi Family, Hotel, Restaurant Retail Deemed Incomplete on 9/23/2020 – Staff met with the applicant multiple times 3/25/2022 3/18/2022 2/18/2022 2/4/2022 Applicant anticipated to resubmit plans 32 C.3.a Packet Pg. 60 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) during the month of May. Greens INV 15, LLC represented by Andrew Walcker is proposing to develop an approximate 4.68-acre lot. The project will include a 1.78-acre commercial site, including a 4-story hotel and potential restaurant or retail uses on the north side of the property. A 2.9-acre multi-family residential development is proposed on the south side of the property, to include 7 multi-family buildings and amenities. The site improvements include parking, drive thru, landscaping, trash enclosures, loading areas, access, and street improvements. The site is located on the Barton Road Specific Plan, General Commercial zoning. A Specific Plan Amendment update for Barton Road is being prepared and an expanded environmental is also being prepared by Michael Baker to support the development. 5/31/2019 SA 19-05 CUP 19-04 E 19-06 ZC 19-01 MD 19-01 Edwin Renewable Fuels Plastic Recycling and office/educational uses 21801 Barton Road Project Withdrawn by the applicant on November 31, 2011 Edwin Renewable Fuels is proposing to construct an 80,898 square-foot, 42-foot high industrial building for cardboard and plastic recycling, conversion of plastics into fuel, storage of fuel and transport of fuels off-site. The site measures approximately 5.44-acres and it is zoned M2-Industrial. The applicant is currently working with AQMD on permitting compliance. 10/2/2018 SA 18-09 TTM 18-02 V 18-01 E 18-08 Aegis Builders, Inc 16 Apartments 11695 Canal Street Deemed Incomplete on 10/31/2018 & 3/26/2019 Resubmittal and Incomplete on 7/23/2020 Resubmittal received on 11/11/2020. Deemed Incomplete on 12/10/2020 – Resubmittal Received 11/12/2021 Deemed Incomplete on 1/6/2022 Aegis Builders is proposing a 16-unit apartment community development on 0.82-acres. The design consists of sixteen (16) 2-story apartments arranged in 3 buildings, including 2 efficiency studio units, 2 one-bedroom units, 6 two-bedroom units, and 6 three-bedroom units. The Project site is triangularly shaped and does not have direct access to a public street. Access to the public street will be across the Gage Canal property. The City of Grand Terrace has been interfacing with the City of Riverside, owner of the Gage Canal, and has assured access to the parcel which has historical rights of access over the canal. The property is zoned R3-20-Medium High Density Residential. 3/27/2018 SA 18-04 E 17-10 Lewis Development Residential Project (707 Homes) 1167-151-22, 68, 71, 73, 74, 75 DEIR anticipated for public review winter 2022 The Gateway Specific Plan encompasses approximately 132 acres. The Grand Terrace General Plan designates the area Mixed Use, requiring a specific plan, and Industrial. The Specific Plan proposes to designate the properties within the Specific Plan as Residential, Commercial, Business Park, and Public Facilities. The Land Use Plan includes Residential, Business Park and Public Facilities Overlays. 33 C.3.a Packet Pg. 61 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Major Applications – Specific Plan Date Submitted Case No. Applicant Description Location Status 12/8/2017 SP 17-01 E 17-10 Lewis Development Specific Plan East side of the 215 Fwy. DEIR anticipated for public review winter 2022 Specific Plan Draft resubmitted on 3/24/2022. Deemed incomplete, staff comments issued on 4/28/2022 Staff met with the applicant on 5/6/2022 Staff continues to work with the applicant. The Gateway Specific Plan encompasses approximately 132 acres. The Grand Terrace General Plan designates the area Mixed Use, requiring a specific plan, and Industrial. The Specific Plan proposes to designate the properties within the Specific Plan as Residential, Commercial, Business Park, and Public Facilities. The Land Use Plan includes Residential, Business Park and Public Facilities Overlays. The Draft EIR and accompanying entitlement application is anticipated for public consideration commencing this summer (2021) Major Applications – Conditional Use Permit Date Submitted Case No. Applicant Description Location Status 9/17/2017 CUP 17-08 E 17-07 National Logistics Team Recycling Pallets 21496 Main Street Incomplete on 10/18/2017 & 2/27/2018. Initial Study being prepared The applicant is proposing a recycling use whereby recyclable wood for dismantling, sorting, and packing arrives in the site and is re-used to create wood pallets. The use is proposed on a 3.7-acre parcel zoned M2-Industrial. An existing 6,420 square foot. office will be used for office purposes, a 2,400 square foot. metal shop and four 3-sided work canopies will be used for recycling activities. Administrative Applications Date Submitted Case No. Applicant Description Location Status 03/28/2022 ASA 22-04 Ajay Roberts SB 9 ADU Unit 22435 Franklin St Under Review 02/04/2022 ASA 22-02 Joseph Valadez Room Addition/Remodel 22825 Miriam Way Approved 34 C.3.a Packet Pg. 62 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Land Use Review Date Submitted Case No. Applicant Description Location Status 03/29/2022 LU 22-45 Gilbert Rodriguez Room Additions 22990 Orangewood Ct Under Review 03/28/2022 LU 22-44 Malik Jivani Temporary Container 12731 Royal Ave Approved 03/24/2022 LU 22-43 GT Little League/Soccer Fireworks Stand 22201 Barton Rd Under Review 03/24/2022 LU 22-42 Jane Recktenwald Pool 23336 West Wood St Approved 03/22/2022 LU 22-41 Robert Lee Room Additions (Legalization) 22800 Fairburn Dr Approved 03/21/2022 LU 22-40 John Kennedy Pool 22780 Grand Terrace Rd Denied 03/17/2022 LU 22-39 Daniel Gutierrez Room Additions 11826 Eton Dr Under Review 03/16/2022 LU 22-38 Rodolfo Gutierrez Block Wall 22845 Van Buren St Approved 03/16/2022 LU 22-37 Eric Stevenson Patio Cover 12620 Condor St Approved 03/09/2022 LU 22-36 Teresita Castro Block Wall 22745 Robin Way Approved 03/07/2022 LU 22-35 Brian Pope Block Wall 12511 Oriole Ave Approved 03/07/2022 LU 22-34 Antonio Castellano New deck 21815 Vivienda Ave Approved 03/04/2022 LU 22-33 Ralph Precie Block Wall 22740 Lark St Approved 03/03/2022 LU 22-32 Leonard Reyes Temporary Container 12548 Vivienda Ave Approved 03/02/2022 LU 22-31 David Martinez New Business 22310 Barton Rd, Ste D Approved 03/01/2022 LU 22-30 Jonathan Zane Temporary Fencing 22881 Barton Rd Approved Sign Application Date Submitted Case No. Applicant Description Location Status 03/07/2022 SGN 20-05- A1 Bickel Group (Starbucks) Monument Sign 22220 Barton Rd Under Review Temporary Sign Application Date Submitted Case No. Applicant Description Location Status 3/29/2022 TSGN 22-05 Shad Boal Memorial Day Ceremony Banner 21950 Pico St Under Review 3/24/2022 TSGN 22-04 Grand Terrace Little League Soccer Fireworks Stands Signs 22201 Barton Rd Under Review 35 C.3.a Packet Pg. 63 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) 3/18/2022 TSGN 22-03 Grand Terrace Real Estate Real Estate Signs City Wide Approved 3/10/222 TSGN 22-02 Barnett Real Estate Real Estate Signs City Wide Approved Special Event Date Submitted Case No. Applicant Description Location Status 03/28/2022 SE 22-07 Shad Boal Memorial Day Ceremony Pico Park Under Review 36 C.3.a Packet Pg. 64 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City of Grand Terrace Planning and Development Services Department . DATE: May 11, 2022 TO: Konrad Bolowich, City Manager City Manager’s Office FROM: Luis Gardea, Building Official Planning and Development Services Department SUBJECT: MARCH 2022 PLANNING AND DEVELOPMENT SERVICES MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities within the Planning and Development Services Department, comprised of Planning, Building and Safety, Code Enforcement, and Animal Control. OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BUILDING AND SAFETY DIVISION Building and Safety and Planning Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections 37 C.3.a Packet Pg. 65 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Page 2 of 6 The Building and Safety Division is budgeted for one full time Permit Technician and one full time Building Official. These two positions constitute up to 240 monthly service hours. Additionally, the Department budgets for plan checking and inspection services through a contract with Willdan Engineering. Inspection services are conducted on-call as needed by staff. The cost of these services is offset through the collection of fees and deposits. Activity Summary for Building and Safety Building Permit Activity includes 39 permits issued in March. Year to date a total of 299 permits have been issued with a total revenue of $106,260.48. In addition, a total number of 82 customers were assisted at the Building & Safety counter for the month of March. Monthly Revenue Year to Date Revenue $13,544.96 $106,260.48 Permits Issued Permits issued in March include, HVAC replacements, re-roofs, block wall, and PV solar. For the month of March, a precise grading and trash enclosure permit were issued for Terrace Plaza located at 22200 Barton Road for a multitenant shopping center. Permits that are currently in construction include 11731 Terrace Avenue which consists of installing underground electrical for future lighting and site improvements for a proposed trailer yard and community garden. Permit Activity -March 2022 Applications recv'd (42)Permits issued (39) Permits final (29)Business Occupancies (3) Expired Permits (7) Permit Activity -Year to Date Applications recv'd (324)Permits issued (299) Permits final (164)Business Occupancies (10) Expired Permits (75) 38 C.3.a Packet Pg. 66 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Page 3 of 6 * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. Residential Permits Issued-March 2022 (N) SFR (0)Block Wall (5)Reroofs (8)Water Heater / Plumbing (2) HVAC Mechanical (3)Solar (7)Panel Upgrades / Electrical (1)Patio Covers (1) Res. Alteration / Addition (8)Pool Spa (2) Residential Permits Issued-Year to Date FY 2021-2022 SFR New (0)Block Walls / Retaining Walls (17)Reroofs (41) Water Heater / Plumbing (13)HVAC Mechanical (42)Solar (90) Panel Upgrades / Electrical (24)Patio Covers (10)Residential Alteration / Repair (43) Pools/Spa (7)Grading (1) 39 C.3.a Packet Pg. 67 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Page 4 of 6 Inspections A total of 92 inspections were conducted in March, with 39 of them being final inspections. Commercial Permits Issued -Year to Date FY 2021-22 Commercial Tenant Improvement (1)Signs (4) Electrical (2)Demolition (1) Grading (1)New Commerical (0) 0 100 200 300 400 500 600 BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION TOTAL NUMBER OF INSPECTIONS CONDUCTED July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 40 C.3.a Packet Pg. 68 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Page 5 of 6 Major Projects Under Construction Major projects under construction include a tenant improvement for an adult day care “St. Christopher Adult Day Care Center” located at 22400 Barton Rd. Project Description/Location Status Anel Aguayo – 12040 La Cadena Dr. 12040 La Cadena Dr. – Precise grading for new single-family residence Drywall inspection complete – under construction Frank Randall 23400 Westwood St. 23400 Westwood St. – Precise grading & new single-family residence Under Construction – Drywall completed Edward Giroux – 21891 Vivienda Ave. 21891 Vivienda Ave. – Construction of a new classic car storage, 3 – car garage, swimming pool, and block wall Under Construction – Footings completed Edna Medrano 22400 Barton Rd. 22400 Barton Rd. – Tenant improvement for an adult day care center Under Construction – Plumbing inspected Plan Checking Activity For March 2022, a total number of seventeen (17) plans were submitted for review and re-submittal. Plans submitted include PV solar, a patio cover, and a tenant improvement for accessibility upgrades at CVS Pharmacy. Project Description/Location Status Bickel Group – 22200 Barton Rd. 22200 Barton Rd. –(N) 5,342 sq. ft. multitenant building – Terrace Plaza In Plan Check – Plans approved Wilden Pump Co. 22069 Van Buren St. 22069 Van Buren St. – New tarmac building addition In Plan Check – Plans approved Robert Morton – 22045 Barton Rd. 22045 Barton Rd. – Tenant improvement for Aibeto’s Mexican Food In Plan Check – Plans approved CVS Pharmacy – 12071 Mt. Vernon Ave. 12071 Mt. Vernon Ave. – Tenant improvement for accessibility upgrades at CVS Pharmacy In Plan Check – 1st submittal received Randall Jepson – 12210 Michigan St. Suite A 12210 Michigan St. – Tenant improvement for beauty salon In Plan Check – Plans approved 41 C.3.a Packet Pg. 69 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Page 6 of 6 Public Works Encroachment Permits Eight (8) Public Works/Encroachment Permit applications were taken in for the month of March. Ten (10) permits were issued for the month, which includes applications that were received in the previous month. 0 10 20 30 40 50 60 70 SoCal Gas Edison Optimum AT&T Other Total Encroachment Permits Issued July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 42 C.3.a Packet Pg. 70 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION Core Services ➢ Zoning & Municipal Code Enforcement ➢ Animal Control Services ➢ Street Sweeping Traffic Enforcement ➢ Tow vehicles after 72-hours have elapsed ➢ Remove graffiti ➢ Business Licenses The Division is budgeted for one full time Code Enforcement Officer, Animal Control Specialist, and a Department Secretary. On-call coverage is provided to manage after hour emergency animal control calls. The city is divided into seven zones, including commercial centers, and the zones are inspected on a continual rotating basis over a two-week period. A set route is driven each day in addition to the zones. The route includes Mount Vernon Avenue, Main Street, Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and Van Buren Street. Activity Summary for Code Enforcement Code Enforcement had 331 cases carried over from the previous month, 231 new cases opened, and 173 cases were closed in March. The chart below demonstrates a breakdown of Code cases by detailing how many cases were carried over from the previous month, opened, closed, and still being addressed. 43 C.3.a Packet Pg. 71 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services The following table shows the number of inspections conducted, the number of citations, and corrective notices issued. *The number of corrections issued does not include vehicle related complaints, illegal dumping referred to Burrtec, or homelessness on public property referred Sheriff’s Department. Weekend Code Enforcement Activities The Weekend Animal Control/Code Enforcement Specialist patrols the weekends and conducts zone inspections and scheduled re-inspections. Weekend code enforcement also handles code violations such as unpermitted yard sales, open house signs, and parking violations. The table below demonstrates weekend code enforcement activities by type for this fiscal year. 75 76 77 78 79 80 88 85 64 110 348 331 40 41 42 43 44 45 44 40 48 33 315 231 32 33 34 35 36 37 68 25 50 50 75 173 83 84 85 86 87 88 85 64 110 348 331 245 APR'21 MAY'21 JUN'21 JUL'21 AUG'21 SEP'21 OCT'21 NOV'21 DEC'21 JAN'22 FEB'22 MAR'22 2021-2022 CODE CASE Number of Cases Carried Over Number of Cases Opened Number of Cases Closed Number of Cases In Process Citations Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Number of Inspections Conducted 270 136 40 73 64 64 100 105 90 93 137 198 Number of Notice of Corrections Issued 24 13 20 33 20 24 27 47 32 26 45 16 Number of Notice of Violations Issued 32 10 3 12 9 8 11 11 13 19 281 264 Number of Citations Issued 2 14 5 4 4 6 8 14 11 27 27 16 44 C.3.a Packet Pg. 72 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Graffiti/Vandalism/Illegal Dumping: There were two cases of illegal dumping and two cases of graffiti reported in March; all cases have been resolved. Parking Citations: In March , 16 vehicle related citations were issued. There were no citations issued for street sweeping enforcement. Street Sweeping in residential areas occurs on the first, second, and third Thursdays of each month. As of June 4, 2020, Code Enforcement resumed issuing street sweeping citations for vehicles parked on the street during street sweeping hours which was suspended due to COVID-19. 3 6 7 6 1 4 5 13 4 13 2 2 22 5 0 36 25 7 20 17 14 5 1 3 15 19 24 21 11 2 19 12 10 45 16 38 4 7 4 5 2 1 3 2 4 2 2 2 15 37 26 12 0 11 16 22 8 52 15 18 11 19 0 11 0 0 0 0 0 0 0 0 29 46 23 21 14 22 5 2 4 1 0 0 0 10 20 30 40 50 60 Apr'21 May'21 Jun'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Weekend Code Enforcement Graffiti Yard Sale with out permit Open house and other signs Illegal Dumping Follow-up inspections Parking violations Other Public Nuisance Unpermimitted Construction 45 C.3.a Packet Pg. 73 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Other parking citations include expired registration, parking on unpaved surfaces, and commercial vehicles in residential areas. Parking citations are issued by Code Enforcement Staff, as well as Sheriff Deputies. 227 283 182 266 61 94 155 62 79 22 0 0# o f C i t a t i o n s Street Sweeping Citations Street Sweeping Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Parking in Handicap Zone 2 0 2 3 3 5 2 1 0 3 0 1 Other Parking Violations 8 20 7 13 19 30 21 13 0 2 4 2 Expired Registration/Missing plates or tabs 20 11 6 10 2 10 4 6 1 0 4 0 Vehicles Blocking Sidewalk/Driveway 3 0 2 4 6 13 17 1 0 0 1 5 Commercial Vehicle Violations 1 1 1 7 1 6 8 4 2 0 1 4 Recreational Vehicle Violations 2 2 1 1 1 3 2 4 3 1 2 3 Vehicles on Unpaved Surface 0 0 0 0 11 13 0 0 0 0 0 0 72 Hour Parking Warning/Cite 21 10 8 14 5 20 14 9 3 3 4 1 0 20 40 60 80 100 120 Parking Citations 46 C.3.a Packet Pg. 74 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Non-Owner Occupied/Rental Property Program There are approximately 351 properties in the Program (number is subject to change as properties get sold or becomes owner occupied) consisting of both single-family units and multiple family units (i.e., apartments, duplexes, triplexes, and quadruplexes). In January, the Rental Inspection invoices were mailed. In March the total amount received for Rental Inspection fees was $5,439.80. Business Licenses For the month of February, our Code Enforcement department reviewed the accounts for business licenses that were expired. In March we received a sum of $11,088.06 for past due business licenses. This is a direct result of our Code Enforcement department implementing and following up on the business license. Animal Control Services With the implementation of Animal Control Services, the city has instituted the practice of first making every effort to return stray dogs to its owner, by checking it for tags or microchip. If the owner cannot be identified, the city will place a photograph of the impounded animal on the City’s Facebook page so that owners can reclaim their pet. Animal Control is also working to identify animals via Facebook who have been sent to the animal shelter and have since been returned to their owner so their status can be updated for the public. If the dog is unlicensed the owner will be given a citation, but the fine is dismissed if the dog is licensed within 7 days. 47 C.3.a Packet Pg. 75 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Riverside County Department of Animal Services stats: The following stats are from Grand Terrace Animal Control: Animal Control Sheltering Services Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Animal Intakes Strays 4 4 10 6 2 5 2 3 10 4 2 32 Stray Dead 1 3 5 15 4 5 6 3 4 2 1 32 Owner Surrender 0 1 1 0 0 0 0 0 1 1 11 1 Other 0 0 1 0 0 0 1 0 0 0 1 15 Total 5 8 17 21 6 10 9 6 15 7 15 80 Animal Disposition Adopted 5 2 1 1 1 1 2 2 0 6 1 14 Returned to Owner 0 0 3 1 0 3 1 0 1 1 1 2 Euthanized 1 1 3 5 0 0 1 0 0 1 1 1 Other 0 2 0 1 0 0 1 2 0 1 0 1 Total 6 5 7 8 1 3 5 4 1 9 3 18 Animal Control Officer Investigations Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Barking Complaints 1 2 0 1 0 0 1 2 0 0 0 3 Unlicensed Dogs 0 7 0 0 0 0 0 82 0 0 0 0 Loose Dogs 3 4 9 2 3 7 6 10 7 6 2 4 Loose Dogs Returned to Owner 3 2 0 2 0 0 7 0 0 1 2 0 Animal Welfare Check 0 1 0 8 0 3 2 0 5 0 7 0 Dead Animals 6 3 16 8 4 7 5 2 6 6 4 12 Bites 0 0 1 1 0 0 1 2 1 0 0 0 Other (unfounded, wildlife, etc.) 2 6 10 6 2 4 2 0 5 1 1 2 48 C.3.a Packet Pg. 76 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services Dog Licensing Revenue In the beginning of April 2021, Animal Control began canvassing properties with outstanding dog licenses and leaving a door hanger with renewal information to ensure we have the most accurate count of dogs in our system. Often individuals move away from the City, and we are not notified and annually those properties are issues renewal notices as typical protocol. During this time there was an influx of individuals renewing their dog licenses and licensing new dogs. The door hanger indicated they had a month and half to renew the license, or they may risk receiving a citation. The deadline was extended from February 12th to April 1st due to COVID related issues. 0 10 20 30 40 50 60 70 80 90 APR '21 MAY '21 JUN '21 JUL '21 AUG '21 SEP '21 OCT '21 NOV '21 DEC '21 JAN '22 FEB '22 MAR '22 Animal Control Investigations Barking Complaints Unlicensed Dogs Loose Dogs Loose Dogs Returned to Owner Animal Welfare Check Dead Animals 49 C.3.a Packet Pg. 77 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Planning and Development Services 0 $2,840.00 $754.00 $298.00 $817.00 $784.00 $784.00 $901.00 $2,355.00 $1,356.50 $1,610.00 $2,218.31 $1,660.50 0 500 1000 1500 2000 2500 3000 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Dog License Revenue (Over the Counter) 50 C.3.a Packet Pg. 78 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) &LW\RI*UDQG7HUUDFH 3XEOLF:RUNV'HSDUWPHQW 3XEOLF:RUNV x (QJLQHHULQJ x Waste Generation Report x Missed Pick-Up Report x Public Works Administration x CIP Contracts 51 C.3.a Packet Pg. 79 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City of Grand Terrace Public Works Department DATE: May 13, 2022 TO: KONRAD BOLOWICH, CITY MANAGER CITY MANAGER’S OFFICE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: MARCH 2022 - MONTHLY REPORT – PUBLIC WORKS DEPARTMENT This monthly report is presented to the City Manager to keep him informed of the activities within the Public Works Maintenance Department. Engineering Division The Engineering Division is responsible for managing the City’s Capital Improvement Program (CIP). This includes for the administration, planning, programming, design, construction management, and construction of capital projects throughout the City. Grant funding (when available) are sought after to supplement project funding. WORK RELEASE HOURS Maintenance was supplemented by 266 work release hours during the month of March. READY311 MONTHLY STATS MARCH 2022 REQUEST RECEIVED THIS MONTH MONTHS REQUEST RESOLVED REQUEST IN PROCESS READY311 WORK ORDERS ONLY 21 20 1 REQUEST ROLLOVER FROM PREVIOUS MONTHS 4 TOTAL WORK ORDERS TO BE COMPLETED 5 52 C.3.a Packet Pg. 80 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City of Grand Terrace Public Works Department POTHOLES The table below shows the potholes reported via Ready311 through the month of March. It takes on average 15 days to have a pothole repaired. Factors that contribute to delays are staffing issues, size of potholes, and readily available supplies dependent on the size of the pothole. # Open Date Repair Date # Days Location 496385 1/5/2021 01/29/2021 24 Mt Vernon Ave 496387 1/5/2021 01/29/2021 24 Mt Vernon Ave 510142 1/25/2021 01/29/2021 3 Pico St 517036 02/04/21 02/04/21 0 Van Buren Ave 517037 02/04/21 02/04/21 0 Pico St 31146 3/16/2021 4/20/2021 35 Pico St 31399 3/25/2021 5/17/2021 53 Pico St 32793 5/20/2021 Van Buren Ave 32982 5/27/2021 6/18/2021 22 Mt Vernon Ave 33154 6/4/2021 6/10/2021 6 Oriole Ave 33509 6/18/2021 6/28/2021 10 Mt Vernon Ave 33518 6/18/2021 6/28/2021 10 Oriole Ave 33573 6/21/2021 7/8/2021 17 Michigan Ave 33751 6/30/2021 8/19/2021 50 Pico Ave 34324 7/23/2021 Closed 19 Arliss Dr 34324 7/23/2021 8/11/2021 19 Arliss Dr 34659 8/4/2021 8/6/2021 2 Barton Rd 35418 8/26/2021 8/31/2021 5 Westwood St 35455 8/27/2021 8/31/2021 4 Minona Dr 35591 9/1/2021 9/2/2021 1 Grand Terrace Rd 35591 9/1/2021 9/20/2021 19 Grand Terrace Rd 36436 10/6/2021 10/18/2021 12 Arliss Dr 36606 10/13/2021 11/13/2021 31 Mt Vernon Ave 36624 10/14/2021 10/18/2021 4 Mt Vernon Ave 36922 10/31/2021 11/2/2021 2 Mirado Ave 37892 12/29/2021 1/21/2022 23 La Cadena Dr 38068 1/11/2022 1/13/2022 2 De Berry St 37995 1/5/2022 1/13/2022 8 Kingston St 39955 3/31/2022 De Soto St 53 C.3.a Packet Pg. 81 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) City of Grand Terrace Public Works Department Park Shelter Reservations and Community Room Reservations Park shelter reservations have resumed, and residents must follow all of San Bernardino County Covid-19 related guidelines. Community Room reservations have opened to limited groups. Park Maintenance Richard Rollins Park Weekly Once Once Daily M-Fr, S* Pico Park Weekly Once Once Daily M-Fr, S* TJ Austin Park Weekly Once --- --- M-Fr, S* Gwen Karger Park Weekly Once --- --- M-Fr, S* Fitness Park --- Once (pull Daily M-Fr, S* weeds) Griffin Park --- Location Grass mowed Full-service planter maintenance Trash service receptacle Greenbelt Weekly Once Canal Strip Weekly --- Oriole slope --- Once Orange Grove Parkway --- Once (pull weeds) Civic Center Weekly Once Daily Bike Stations Bi-monthly M & Th Park Grass mowed Full-service planter maintenance Gopher service Restroom Trash service (a.m.) receptacle service 54 C.3.a Packet Pg. 82 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) CITY OF GRAND TERRACE BURRTEC MISS REPORT – FEBRUARY 2022 SERVICE ADDRESS DATE OF CALL DATE COMPLETED WO DESCR SERVICE NOTES 22711 MIRIAM WAY 2/1/2022 2/1/2022 MISS RTE #3072- TRASH PASSED BY ALREADY & HIS BARREL WAS MISSED 55 C.3.a Packet Pg. 83 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - Public Works Administration Contracts, Bids, Reports, Grants, Project Management & Events Contracts: Public Works Services for FY 2021-22: Contractor Name Service Purchase Order Amount Remaining Balance as of March 31, 2022 City of Colton Cooperative Agreement with Grand Terrace Traffic Signal Maintenance for signal on Litton Avenue N/A N/A Clean Street Street Sweeping Services $54,508.00 $18,172.00 County of Riverside - TLMA Administration Main Street Traffic Signal Maintenance Services $2,300.00 $36.81 EZ Sunnyday Landscape Landscape Maintenance $56,420.00 $9555 Gopher Patrol Gopher Abatement Services $9,212.00 $5,171.50 Hardy and Harper, Inc On-Call Asphalt Pothole Repair $15,000.00 $15,000.00 Home Depot Credit Service Supplies for City Hall and Parks $5,000.00 $648.76 Interwest Consulting Group Building Official/Building & Safety and Public Works Inspection Services $33,800.00 $2,050.00 Interwest Consulting Group Interim Public Works Services $200,000.00 $1,570.00 Interwest Consulting Group Engineering Services Relating to CA Highspeed Rail Authority $30,000.00 $21,710.00 Interwest Consulting Group On-Call Engineering Services $50,000.00 $35,370.00 Jonescape Inc On-Call Asphalt Pothole Repair $24,720.00 $4,158.00 Jonescape Inc Installation of Park Shade Sail and ADA Swing $24,805.00 $2,255.00 Lynn Merrill NPDES Services $10,000.00 $6,696.75 Lynn Merrill HSIP Cycle 9-Mt Vernon Guard Rail $10,889.37 $10,686.08 Mike Roquet Construction On-Call Asphalt Pothole Repair $9,500.00 $6,065.00 Moran Janitorial Services Janitorial Services for City Hall and City Parks $32,460.00 $11,060.00 Otis Elevator Elevator Maintenance $5,541.21 $0.00 San Bernardino County Dept of Public Works – Flood Control Flood Control Facilities N/A N/A San Bernardino County Fire Dept – Hazardous Material Household Hazardous Waste (HHW) Services $19,165.12 $4,791.28 San Bernardino County- Land Use Services Fire and Weed Hazard Abatement Services $6,323.00 $6,323.00 St. Francis Electric, LLC. Traffic Signal Maintenance Services $20,000.00 $7,119.71 56 C.3.a Packet Pg. 84 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Traffic Management Products General Management Supplies for Streets $7,000.00 $2,453.69 West Coast Arborist 5 Year Tree Maintenance Program $56,654.00 $48,424.00 Willdan Engineering Services (incl. Landscape and Lighting Assessment District) $4,046.25 $0.00 Willdan Group Plan Check/Inspection Svcs $50,000.00 $20,371.66 Willdan Group On-Call Engineering Services $93,290.00 $80,950.00 (paid with Dev. fees) TOTAL PUBLIC WORKS CONTRACT VALUE FOR FY 2021-22: $830,633.95 $324,933.24 balance 57 C.3.a Packet Pg. 85 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Sheriff’s Contract •Law Enforcement Services 58 C.3.a Packet Pg. 86 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) San Bernardino County Sheriff’s Department Services February 2022 March 2022 Officer Contact and Calls 1,100 1,285 Monthly Citation Data February 2022 March 2022 Stops 201 306 Citations Issued 86 117 Calls to Dispatch February 2022 March 2022 Emergency 2 3 Priority 1 121 140 Priority 2 54 56 Priority 3 163 155 Priority 4 83 77 Totals 423 431 vankagans@gmail.com 2 3 121 140 54 56 163 155 83 77 0 50 100 150 200 250 300 350 400 450 500 February March Calls to Dispatch Emergency Priority 1 Priority 2 Priority 3 Priority 4 59 C.3.a Packet Pg. 87 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) Emergency – 911 calls (evaluated for substance). Priority 1 – Currently active, 15 minutes or less. Priority 3 – Calls over 30 minutes ago. Priority 2 – Just occurred, 15 minutes or more. Priority 4 – Incident calls, counter calls. Note: As dispatch receives more information during the call, the level of priority can change to a higher or lower level priority. Citizens on Patrol (COP) - Weekly Hours for March 2020: Mar. 9th Mar. 16th Total Hours 8 2 10 * - On March 17th all patrol activities for the Citizens on Patrol were suspended. 60 C.3.a Packet Pg. 88 At t a c h m e n t : C i t y M a n a g e r D e p a r t m e n t R e p o r t [ F i n a l ] - M a r c h 2 0 2 2 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - M a r c h 2 0 2 2 ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Second Reading and Adoption of Ordinances of the City Council of the City of Grand Terrace, California, Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units PRESENTED BY: Haide Aguirre, Associate Planner RECOMMENDATION: 1. Direct the City Attorney to Read by title only, waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 which also finds and determines that this ordinance is not a “project” for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n); and 2. Direct the City Attorney to Read by title only, waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, which also finds and determines that this ordinance is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. 2030 VISION STATEMENT: Goal No. 3 to promote economic development by updating zoning and development code in preparation for future development, and to preserve and protect our community and its exceptional quality of life through thoughtful planning. BACKGROUND: On January 25, 2022, the City Council adopted Urgency Ordinance No. 336-U, establishing objective standards for the regulation of lot splits and new units developed under SB 9. The City Council also directed staff to bring back a regular ordinance, specifically, an ordinance that would first receive a review by the Planning Commission/Site and Architectural Review Board (“Planning Commission”) before going to City Council. C.4 Packet Pg. 89 On March 3, 2022, the Planning Commission reviewed proposed SB 9 and ADU regulations and recommended that the City Council approve the regulations with a 4-0 vote. The Planning Commission also recommended that additional regulations and clarifications be added regarding sewer and onsite wastewater treatment systems, water line connections, and additional parking requirements. On March 22, 2022, the City Council considered the proposed SB 9 and ADU ordinances and decided to continue the item in order to hold a joint workshop with the Planning Commission to further discuss the proposed regulations. On April 21, 2022, the City Council and Planning Commission held a joint session and further discussed the proposed SB 9 and ADU regulations. Staff incorporated the comments from that meeting, and from the prior meetings of the City Council and Planning Commission into the proposed ordinances. On May 10, 2022, the City Council held a Public Hearing and voted unanimously 5-0 to introduce an Ordinance establishing regulations for urban lot splits and two-unit development in accordance with Senate Bill 9 and introduce an Ordinance amending the city’s regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units. • Adoption of the proposed ordinances would repeal Urgency Ordinance No. 336-U and Accessory Dwelling Units Chapter and replace its amendments with the new amendments in the proposed ordinances. • If the ADU ordinance is adopted, the city will be required to submit the ordinance to the Department of Housing and Community Development as required by state law. No changes have been made to the proposed Ordinances since their introduction. Both Ordinances are now ready for second reading and adoption by the City Council. ENVIRONMENTAL REVIEW: The adoption of SB 9 regulations is not a “project” for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, the proposed ordinances do not require any environmental review under CEQA. FISCAL IMPACT: There will be no expenditure on the part of the city to adopt these ordinances. The cost to administer these ordinances is currently unknown, but such costs will be recovered, at least in part, through application fees. ATTACHMENTS: • SB 9 Ordinance_Grand Terrace_ 5.2.22 (DOCX) C.4 Packet Pg. 90 • ADU Ordinance_Grand Terrace_ 5.2.22 (DOCX) APPROVALS: Haide Aguirre Completed 05/16/2022 6:08 PM City Attorney Completed 05/17/2022 5:34 PM City Manager Completed 05/17/2022 9:04 AM City Council Pending 05/24/2022 6:00 PM C.4 Packet Pg. 91 01247.0005/787276.1 1 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 WHEREAS, the City Council adopted Urgency Ordinance 336-U on January 25, 2022, establishing objective standards and regulations regarding second units, two-unit developments, and urban lot splits authorized by SB 9; and WHEREAS, out of an abundance of caution, the City Council now wishes to adopt the same regulations through the regular ordinance process, and also wishes to make certain revisions to the previously adopted SB 9 regulations; and WHEREAS, the Planning Commission considered this ordinance at the Planning Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0 adopting a resolution recommending City Council approval; and WHEREAS, on April 21, 2022, the City Council and Planning Commission held a joint session to further discuss proposed SB 9 and accessory dwelling unit regulations; and WHEREAS, on May 10, 2022, the City Council of the City of Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and conclude the hearing on said date; and WHEREAS, on May 24, 2022, the City Council of the City of Grand Terrace adopted the proposed Ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitals are incorporated by reference. SECTION 2. CEQA. The City Council finds and determines that these ordinance amendments are not a “project” for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), and therefore do not require any environmental review under CEQA. SECTION 3. Urgency Ordinance 336-U is hereby repealed in its entirety and all changes to the Grand Terrace Municipal Code made therein are hereby repealed. SECTION 4. Section 17.04.040, subjection H, of the Grand Terrace Municipal Code is hereby amended as follows with the remainder of Section 17.04.040 remaining unchanged (deletions in bold strikethrough; additions in bold italics): H. The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or second accessory C.4.a Packet Pg. 92 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 2 dwelling units pursuant to California Government Code Section 65852.2; but this Title shall apply to the sale or transfer, but not the leasing of those units; SECTION 5. Table 17.04.050 (Review, approval and appeal body) is hereby amended as follows (additions in bold italics): Table 17.04.050 Review, approval and appeal body TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Tentative maps Planning Commission City Council N/A Vesting tentative maps Planning Commission City Council N/A Tentative parcel maps Planning Commission City Council N/A Tentative map extensions City staff and other responsible agencies Director Planning Commission Parcel maps (4 or less lots) City staff and other responsible agencies City Council N/A Final maps (5 or more lots) City staff and other responsible agencies City Council N/A Waivers of parcel maps City staff and other responsible agencies City Engineer Planning Commission Urban Lot Splits City staff and other responsible agencies City Engineer Planning Commission Reversion to acreage Planning Commission City Council N/A Lot and parcel mergers City staff and other responsible agencies Director Planning Commission Lot line adjustments City staff and other responsible agencies Director Planning Commission Certificate of Compliance City staff and other responsible agencies City Engineer Planning Commission SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended to add a definition of “Urban lot split” as follows, with all other definitions in Section 17.08.020, except those shown below, remaining unchanged (deletions in bold strikethrough; additions in bold italics): GG. “Urban lot split” shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Chapter 17.30 (Urban Lot Splits). C.4.a Packet Pg. 93 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 3 GG. HH. “Vesting tentative map” shall mean a tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed. HH. II. “Zoning code” shall mean Title 18 of the Grand Terrace Municipal Code, including all text and maps, as it may be amended from time to time. SECTION 7. Chapter 17.30 (Urban Lot Splits) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 17.30 - URBAN LOT SPLITS 17.30.010 - Purpose. The purpose of this chapter is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7. 17.30.020 - Permitted applicants; ministerial review; standard for denial; courtesy notice. A. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or as a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15. B. Notwithstanding any other provision of this code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. C. An application for an urban lot split shall be approved or denied by the City Engineer, and the decision may be appealed in accordance with Section 17.16.150. D. Notwithstanding subsection B, the City may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no C.4.a Packet Pg. 94 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 4 feasible method to satisfactorily mitigate or avoid the specific, adverse impact. E. At least seven (7) days prior to making a determination on an application for an urban lot split, the City Engineer shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed lot split will be located informing the owner(s) of the submitted application. 17.30.030 - Parcel requirements. The parcel that is proposed for subdivision through an urban lot split: A. Shall be located in an RH, R1-20, R1-10, or R1-7.2 zoning district; B. Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved, unless the parcel is owned by a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15; C. Shall only have residential uses located on it on the date the urban lot split is approved; D. Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K): 1. Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure; 2. Wetlands; 3. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures; 4. A hazardous waste site that has not been cleared for residential use; 5. Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards; C.4.a Packet Pg. 95 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 5 6. Within a special flood hazard area subject to inundation by a 100- year flood, unless: a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; 7. Within a regulatory floodway, unless the development has received a no-rise certification; 8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; 9. Habitat for protected species; or 10. Land under a conservation easement; E. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance; F. Shall not have been created through a previous urban lot split; and G. Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner. 17.30.040 - Additional requirements. A. An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that: 1. Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision; 2. Neither resulting parcel shall be smaller than 1,200 square feet; and C.4.a Packet Pg. 96 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 6 3. The dividing line between the two resulting parcels shall be a single straight line extending from the right-of-way to the rear lot line. B. An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 17.30.060. C. An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. Housing that has been occupied by a tenant in the last three years. D. As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the City Attorney, stating that: 1. The proposed urban lot split will not violate the requirements of subsection C of this section; 2. Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and 3. The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection D.3 shall not apply if the owner of the parcel is a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15. C.4.a Packet Pg. 97 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 7 E. As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the City Engineer. F. Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way, and, if necessary, provide the other parcel with access to the right-of-way through an easement. G. The City shall not require as a condition of approval of an urban lot split: 1. Dedications of rights-of-way or the construction of offsite improvements; or 2. The correction of non-conforming zoning conditions existing on the parcel that will be divided. H. An urban lot split: 1. Shall conform with all the requirements of the Subdivision Map Act; and 2. Shall conform with all the requirements applicable to lot splits under this code, except for those requirements that conflict with the requirements of this chapter, in which case the provisions of this chapter shall control. 17.30.050 - Limitations applicable to new parcels. A. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located. B. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one (31) consecutive days. C. A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split. D. Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other C.4.a Packet Pg. 98 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 8 documentation that is necessary to allocate rights and responsibilities between the owners of the two lots. 17.30.060 - Limitation on number of units. Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units and Two-Unit Developments), an accessory dwelling unit, or a junior accessory dwelling unit. 17.30.070 - Deed restriction. As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner’s cost, and shall limit the use of each parcel in accordance with the standards of this chapter. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced. SECTION 8. Section 18.06.020 (Accessory structure) is hereby renumbered to Section 18.06.025, and Section 18.06.025 (Accessory living quarters) is hereby renumbered to Section 18.06.020, so as to put these two definitions in alphabetical order. SECTION 9. Section 18.06.083 (Single-family detached) is hereby deleted in its entirety. SECTION 10. Section 18.06.246 (Dwelling, single-family detached) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.246 - Dwelling, single-family detached. “Single-family detached dwelling” means one residential structure containing no more than one dwelling and complying with a minimum living area requirement of one thousand three hundred fifty square feet. It shall also be known as a full sized single-family unit or single-family dwelling. SECTION 11. Section 18.06.683 (Second unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.683 - Second unit. “Second unit” means a second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing primary dwelling unit. SECTION 12. Section 18.06.929 (Two-unit development) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): C.4.a Packet Pg. 99 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 9 18.06.929 - Two-unit development. “Two-unit development” means the simultaneous development of two new residential dwelling units on a parcel with no existing primary dwelling units. SECTION 13. Table 18.10.030 of the Grand Terrace Municipal Code shall be amended, a new footnote (e) shall be added to multiple uses under “Other Uses,” footnote (e) shall be amended, and a new footnote (g) shall be added, as follows (deletions in bold strikethrough; additions in bold italic): TABLE 18.10.030 LAND USE REGULATIONS Permitted Uses RH R1- 20 R1- 10 R1- 7.2 R2 R3 R3- S R3- 20/R3- 24 A. Residential Uses Single-Family (Detached), Full Sized P P P P Pa Pb - - Second Units (Subject to Chapter 17.30 and 18.65) Pg Pg Pg Pg - - - - Two-Unit Developments (Subject to Chapter 17.30 and 18.65) Pg Pg Pg Pg - - - - Single-Family (Attached) (Duplexes, Triplexes, and Fourplexes) - - - - P P - P Multiple Family Units - - - - P P - P Manufactured Housing (As Permitted Per Chapter 18.66) P P P P P P - - Mobile Home Park - - - - C C - - Senior Citizen Housing Pd P B. Residential Accessory Structures Accessory Structure P P P P P P Pd P Second-Family Unite (As Permitted Per Chapter 18.63) P P P P P P - - Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P P P Junior Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P - - Guest House C C C C C C - - Private Garage P P P P P P - P Private Swimming Pool P P P P P P Pd P Home occupation (As Permitted Per Chapter 5.06) P P P P P P Pd P Keeping of Cats and Dogs (Maximum of Two Each) P P P P P P Pd P Other Accessory Uses (As Approved by the Planning Director) P P P P P P Pd P C. Other Uses Churches (Minimum Three-Acre Parcel)e C C C C C C - - Schools (Private and Parochial)e C C C C C C - - Public Park and Playgrounde P P P P P P - - Public Facilities (And Quasi- Public)e C C C C C C - - Family Day Care (Eight or Less Children)e P P P P P P - - Family Day Care Center (Nine or More Children)e C C C C C C - - Residential Care Facility (Six or Less Persons) P P P P P P P P Residential Care Facility (Seven or More Persons)f C C - - Single Room Occupancy C C - - Utility or Service Facilitye C C C C C C - - Outdoor Recreation Facilitye C C C C C C - - D. Temporary uses C.4.a Packet Pg. 100 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 10 Temporary Uses (As approved by Planning Director) P P P P P P Pd P Temporary Trailers (As Approved by Planning Director) P P P P P P Pd P Footnotes: a. A second single-family detached unit (full-sized single-family detached dwelling) shall be permitted in the R2 zone provided that the lot or parcel in question meets the minimum area requirement for the R2 zone and that said lot or parcel is developed with no more than one single-family detached dwelling. A site and architectural review application for the second- family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the issuance of building permits. In addition, all development standards of the underlying zone must be adhered to; and any division in ownership among the structures on the lot or parcel in question shall conform to the subdivision laws of the state and city. b. A second-family detached unit (full sized single-family detached dwelling) shall be permitted in the R3 zone provided that the lot or parcel in question meets the minimum area requirements for the R3 zone and that said lot or parcel is developed with no more than one single-family detached dwelling. A site and architectural review application for the second- family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the issuance of building permits. In addition, all development standards of the underlying zone must be adhered to; and any division in ownership among the structures on the lot or parcel in question shall conform to the subdivision laws of the state and city. c. "P" stands for "Permitted Use" where the use is permitted by right; and "C" stands for "Conditional Use" where the use requires a conditional use permit. d. Senior citizen housing is allowed in the R3-S up to a maximum density of twenty unit/acre. A specific plan will be required for all senior citizen housing projects in this zone. Some accessory and temporary uses as indicated will be allowed in the R3-S zone with the approval of the Community Development Director. e. Subject to administrative site and architectural review. Notwithstanding anything indicating otherwise in this Table, this use is prohibited on a parcel that was created by an urban lot split, pursuant to Section 17.30.050(A). f. Subject to administrative conditional use permit. g. Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 18.65.020(C). SECTION 14. Chapter 18.60.030, subsection A, of the Grand Terrace Municipal Code is hereby amended as follows (additions in bold italics): The requirements for off-street parking shall be as follows: C.4.a Packet Pg. 101 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 11 A. Residential Uses. 1. Single-family dwellings (detached): a. Two parking spaces for each residential unit shall be provided on the same parcel of land as the residential unit, b. The required spaces shall be located within a garage; 2. Multiple-family dwellings: a. One parking space for each studio or efficiency unit. b. Two parking spaces for each one-, two- or three-bedroom unit. c. Three parking spaces for each four-bedroom unit or more. d. At least one space shall be located within a garage or carport, and all required spaces shall be located within 150 feet of the unit being served. e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential unit, and shall be rounded up to the next whole number. f. Guest parking: (i) Shall be identified as "Guest Parking"; (ii) Shall not be used for the storage of recreational vehicles, boats, trailers or other similar items; (iii) Shall be located on the same parcel of land as the residential units and shall be within reasonable walking distance of said units; (iv) May be uncovered spaces; and (v) May be located on a private street within the site or in a common parking area. 3. Second units and two-unit developments: See Chapter 18.65. 4. Accessory dwelling units and junior accessory dwelling units: See Chapter 18.69. SECTION 15. Subsections B and C of Section 18.63.020 of the Grand Terrace Municipal Code are hereby amended as follows (additions in bold italics): B. Land Use Application. The purpose of this section is to empower the community development director or representative with responsibilities for C.4.a Packet Pg. 102 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 12 site and architectural review of minor items, yet which may have potential to adversely affect the environment. Noticing to adjacent property owners will be at the discretion of the community development director, with the exception of satellite dishes. 1. Land use application, regardless of need for a permit, shall be required in the event any of the following actions or construction occur: a. Any new construction exceeding six feet in height; b. Any remodeling or renovation of a structure which results in: i. A change in use or intensity of use (includes any proposed use of a structure which has been vacant for a period of six months or more), or ii. An increase in building size (including bulk area and floor area), or iii. Increased capacity, or iv. Additional street access; c. Plan check or clearance of building plans including, but not limited to: swimming pools, spas, patio covers, enclosures, all types of accessory structures, walls, fences and other structures which do not require administrative or formal site and architectural review. 2. The following items may be approved by the planning director without going to the site and architectural review board: a. Sunrooms, provided they strictly meet the planning commission setback policies, UBC and other construction code regulations; b. Satellite dish antennae, provided they can be screened from the street in accordance with code and design standards. Notice including location map or site plan shall be mailed to adjacent property owners requesting comments at least two weeks in advance of the Planning Director's decision; c. Overhead decks, provided they strictly meet the Planning Commission design guidelines; d. Ground floor additions to existing residential structures located in an R1 district where the addition is less than 500 square feet gross floor area and the exterior design and C.4.a Packet Pg. 103 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 13 materials of the addition match the exterior design and materials of the existing structure; e. Fences or walls which do not meet Section 18.73.070; f. All construction of elevated decks; g. Construction of playhouses according to Section 18.63.110 of this Chapter; h. Temporary uses with insignificant adverse, long-term impact on the environment, i.e., parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others in the commercial and industrial areas other than residential areas; i. In the case of damaged or partially damaged structures due to fire, earthquake, explosion or other natural disasters, and the structure will be reconstructed in the exact condition prior to the disaster and in conformance with applicable City codes and the Zoning Code. j. Accessory dwelling units that comply with Chapter 18.69. Any item which could not be satisfactorily reviewed at staff level may be subject to site and architectural review at the discretion of the Community Development Director. The Community Development Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). C. Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing, related costs and noticing procedures. The following items may be approved by the Planning Director without going to the Site and Architectural Review Board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks. The Planning Director’s decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). 1. All accessory structures, except: C.4.a Packet Pg. 104 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 14 a. Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; b. Structures 1,200 square feet or more in size; c. Structures with lot coverage higher than 25 percent; 2. All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; 3. Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies; 4. In case of damaged structures due to fire, earthquakes, or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing. 5. Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. 6. Applications for second units and two-unit developments in accordance with Chapter 18.65. 7. Applications for accessory dwelling units and junior accessory dwelling units in accordance with Chapter 18.69. SECTION 16. Chapter 18.65 (Second Units and Two-Unit Developments) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 18.65 - SECOND UNITS AND TWO-UNIT DEVELOPMENTS 18.65.010 - Purpose. The purpose of this chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21. 18.65.020 - Ministerial review; standard for denial; courtesy notice. A. Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, C.4.a Packet Pg. 105 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 15 without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. B. An application for a second unit or a two-unit development shall be reviewed by the Planning Director through the administrative site and architectural review process, as described in Chapter 18.63, and the decision may be appealed in accordance with Section 18.63.020(C). C. Notwithstanding subsection A, the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. D. At least seven (7) days prior to making a determination on an application for a second unit or two-unit development, the Planning Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application. 18.65.030 – General requirements. Proposed second units and two-unit developments: A. Shall be located in the RH, R1-20, R1-10, or R1-7.2 zoning district; B. Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K): 1. Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure; 2. Wetlands; 3. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures; 4. A hazardous waste site that has not been cleared for residential use; C.4.a Packet Pg. 106 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 16 5. Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards; 6. Within a special flood hazard area subject to inundation by a 100- year flood, unless: a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; 7. Within a regulatory floodway, unless the development has received a no-rise certification; 8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; 9. Habitat for protected species; or 10. Land under a conservation easement; C. Shall not require or allow the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. Housing that has been occupied by a tenant in the last three years; D. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 C.4.a Packet Pg. 107 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 17 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and F. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance. 18.65.040 - Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards: A. Configuration. A second unit may be attached to or detached from the other primary dwelling unit on the parcel, subject to subsections C and D of Section 18.65.030. Subject to the requirements of this chapter, a second unit may be added to a parcel either by (i) the construction of a new residential dwelling unit, (ii) the conversion of an existing structure into a residential dwelling unit, or (iii) the bifurcation of an existing residential dwelling unit into two separate residential dwelling units. B. Size. A second unit, and both of the units in a two-unit development, are subject to the following size limitations: 1. There is no maximum size limit. 2. Second units and both units in a two-unit development shall comply with setback requirements, the minimum separation between detached units in subsection (E), the open space requirements and maximum lot coverage requirements applicable to the parcel on which each unit is located, and all other development standards in this Section 18.65.040. 3. A second unit shall not be larger than an existing primary unit on the same lot. 4. Notwithstanding subsections (B)(2) and (B)(3), and with the exception of the side and rear setback requirements, the City will not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two- unit development from being at least 800 square feet in floor area. C.4.a Packet Pg. 108 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 18 C. Height. A second unit, and both of the units in a two-unit development, are limited to two (2) stories, or to one (1) story if built on top of a one- story structure. D. Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 feet from the side and rear lot lines. E. Separation Between Detached Units. There shall be at least 15 feet of separation between the walls of second units, and each unit of a two unit development, and walls of other detached structures on the same parcel. F. Parking. 1. One new on-site off-street parking space is required for a second unit and one new on-site off-street parking space per unit is required for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel. 2. Notwithstanding subsection F.1, no parking spaces are required for a second unit or a two-unit development if either: a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or b. There is a car share vehicle located within one block of the parcel. G. Wastewater; Water Service. 1. Sewer. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, the City Engineer shall inspect existing sewer lines and determine the sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, and/or other objective sewer or septic system requirements in local or state law, then the City shall impose C.4.a Packet Pg. 109 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 19 conditions of approval on the development that are necessary to ensure compliance with such requirements. 2. Septic System. a. If a parcel relies on an onsite wastewater treatment system, and it is within 200 feet of an existing sewer system, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. b. If the City determines that the second unit would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. c. If a proposed second unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. If such disconnection and connection is not possible, or would require off-site improvements, then the building official, or designee, shall consider whether such circumstances are grounds for denial of the proposed project pursuant to Section 18.65.020.C. 3. A second unit, and both of the units in a two-unit development, shall each have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s). H. Separate Entrances; Pathway. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. Furthermore, each second unit, and each units in a two-unit development, shall have an unobstructed pathway, constructed of impermeable materials, leading up C.4.a Packet Pg. 110 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 20 to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit. I. Unobstructed Area Adjacent to Unit. There shall be at least four (4) feet of unobstructed space adjacent to each exterior wall of a second unit and each unit of a two-unit development in order to ensure that the unit is accessible by public safety personnel. This space shall remain unobstructed at all times. J. Additional Development Standards. Except as provided in subsections A through I, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel. 18.65.050 - Total number of units. A. This chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units. B. Notwithstanding any other provision in this chapter, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060. 18.65.060 - Design standards. A. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel. B. The architectural design and detailing, roof material, roof pitch, exterior color, and finish materials of a second unit shall be the same as those of the primary dwelling unit, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat. Both units of a two-unit development shall have the same roof material, roof pitch, exterior color, and finish materials. The roof shall have a minimum 16-inch overhang, except that the outermost edge of the roof shall be at least three (3) feet from any side or rear lot line. 18.65.070 - Rental term; rental property program compliance; separate conveyance. A. Second units and both units in a two-unit development shall not be rented for a term of less than thirty-one (31) consecutive days. C.4.a Packet Pg. 111 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 21 B. Unless the owner of the property provides the City with an annual certification that a unit is owner-occupied, second units and both units in a two-unit development shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental Property Program). C. A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two-unit development may not be turned into condominiums or otherwise sold separately from one another. 18.65.080 - Deed restriction. As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second unit or two-unit development, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property, at the property owner’s cost, and shall require that the second unit or two-unit development only be used and developed in accordance with the requirements in this chapter. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced. 18.65.090 Development impact fees. As a condition of receiving a certificate of occupancy for a second unit or two- unit development, the applicant shall pay development impact fees in an amount established by city council resolution. SECTION 17. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. SECTION 18. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law. SECTION 19. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving the first reading, except by title, at a regular meeting thereof held on the 10th day of C.4.a Packet Pg. 112 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787276.1 22 May 2022, and adopted the Ordinance after the second reading at a regular meeting held on the 24th day of May 2022, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________ Darcy McNaboe Mayor ATTEST: ____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney C.4.a Packet Pg. 113 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 1 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, Chapter 18.69 of the Grand Terrace Municipal Code establishes regulations of accessory dwelling units and junior accessory dwelling units; and WHEREAS, updates to the City’s regulations of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are needed in order to make these regulations compliant with state law and clarify the relationship between ADUs/JADUs and units created under SB 9; and WHEREAS, the Planning Commission considered this ordinance at the Planning Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0 adopting a resolution recommending City Council approval; and WHEREAS, on April 21, 2022, the City Council and Planning Commission held a joint session to further discuss proposed SB 9 and accessory dwelling unit regulations; and WHEREAS, on May 10, 2022, the City Council of the City of Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and conclude the hearing on said date; and WHEREAS, on May 24, 2022, the City Council of the City of Grand Terrace adopted the proposed Ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitals are incorporated by reference. SECTION 2. CEQA. The City Council finds and determines that the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, this ordinance does not require any environmental review under CEQA. SECTION 3. Section 18.06.017 (Accessory dwelling unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.017 - Accessory dwelling unit (ADU). “Accessory dwelling unit” or ADU means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. An accessory dwelling unit includes (1) an efficiency unit, as defined in C.4.b Packet Pg. 114 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 2 Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007. This definition shall be interpreted as consistent with the definition for “accessory dwelling unit” in Government Code Section 65852.2. SECTION 4. Section 18.06.018 (Accessory dwelling unit, junior) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.018 - Accessory dwelling unit, junior (JADU). “Junior accessory dwelling unit” or JADU means a residential dwelling unit that is no more than 500 feet in size and is contained within a single-family residence. This definition shall be interpreted as consistent with the definition for “junior accessory dwelling unit” in Government Code Section 65852.22. SECTION 5. Section 18.06.082 (Accessory dwelling unit) is hereby deleted in its entirety. SECTION 6. Chapter 18.69 of the Grand Terrace Municipal Code (Accessory Dwelling Units) is hereby repealed and replaced in its entirety with the following (new text in bold italics): Chapter 18.69 - ACCESSORY DWELLING UNITS 18.69.010 - Purpose. This chapter is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions. 18.69.020 - Definitions. For purpose of this chapter, the following terms shall be defined as follows: (a) “Multifamily dwelling” means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling. (b) “Single-family dwelling” means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units. 18.69.030 - Review process; certificate of occupancy. (a) Applications for accessory dwelling units and junior accessory dwelling units pursuant to this chapter shall be processed ministerially, without discretionary review or a hearing, through the administrative site and architectural review process, as described in Chapter 18.63, within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory C.4.b Packet Pg. 115 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 3 dwelling unit is submitted with a permit application to create a new single- family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) A certificate of occupancy for an accessory dwelling unit shall not be issued before the city issues a certificate of occupancy for the primary dwelling. 18.69.040 - Consistency with density requirements, zoning, and general plan. Accessory dwelling units and junior accessory dwelling units do not exceed the allowable density for the parcel on which they are located, and are a residential use consistent with the general plan and zoning designation of the parcel on which they are located. 18.69.050 - General requirements. (a) Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any lot. Notwithstanding any other provision in this chapter, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060. Unless specified below, only one category may be used per lot. (1) ADU or JADU within Proposed or Existing Single-family Dwelling or Accessory Structure. One accessory dwelling unit and one junior accessory dwelling unit are permitted on a lot with one or more proposed or existing single-family dwellings, if either: (A) The accessory dwelling unit or junior accessory dwelling unit is proposed within the space of a proposed or existing single-unit dwelling (including an attached garage); or (B) The accessory dwelling unit is proposed within the space of an existing accessory structure, plus an addition beyond the physical dimensions of the accessory structure of up to one hundred fifty (150) square feet for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. (2) Detached/Attached ADU on Lot with Single-Unit Dwelling. One detached or one attached, new-construction accessory dwelling C.4.b Packet Pg. 116 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 4 unit is permitted on a lot with one or more proposed or existing single-family dwellings. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (a)(1) of this section. (3) Conversion of Existing Multifamily Dwelling. Multiple accessory dwelling units are permitted on lots with existing multifamily dwellings subject to the following: (A) The amount of accessory dwelling units allowed within a multifamily dwelling shall be equal to 25 percent of the number of units in the multifamily dwelling; provided, that fractional units shall be rounded down, and at least one accessory dwelling unit shall be allowed in each multifamily dwelling structure. For example, one accessory dwelling unit is allowed in a multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units; and (B) An accessory dwelling unit located within a multifamily dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings. Amenities within common areas such as recreation rooms, outdoor space or any space previously designed to meet common area requirements shall not be converted to accessory dwelling units. (4) Detached ADU on Multifamily Lot. Up to two detached, new- construction accessory dwelling units are permitted on a lot that has an existing multifamily dwelling. (b) Required Facilities. (1) Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom. (2) Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be C.4.b Packet Pg. 117 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 5 amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence. (c) Separate Entrances; Pathway. (1) Junior accessory dwelling units and accessory dwelling units located within or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence. (2) Each accessory dwelling unit and junior accessory dwelling unit shall have an unobstructed pathway, constructed of impermeable materials, leading up to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit. However, the pathway is not required to extend from the unit all the way to the street. (d) Development Standards. Accessory dwelling unit and junior accessory dwelling units shall comply with the following standards: (1) Size. (A) Accessory dwelling units and junior accessory dwelling units shall be no smaller than an efficiency unit, as defined in Health and Safety Code Section 17958.1. (B) Junior accessory dwelling units shall be no larger than 500 square feet. (C) The size of an accessory dwelling unit shall be limited as follows: (i) There is no limit on the size of any accessory dwelling unit that is located within a proposed or existing single-family dwelling or accessory structure, as described in subsection (a)(1). (ii) There is no limit on the size of an accessory dwelling unit that is attached to or detached from a primary unit, except that attached and detached accessory dwelling units shall not be larger than the primary unit, and detached and attached accessory dwelling units shall comply with setback requirements, the required distance between units in subsection (d)(4), and the open space requirements and maximum lot coverage requirements applicable to the parcel on which the unit is located. C.4.b Packet Pg. 118 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 6 (iii) Notwithstanding subsection (d)(1)(C)(ii), if the required distance between units in subsection (d)(4), the open space requirements, and/or the maximum lot coverage requirements would prevent an attached or detached accessory dwelling unit from being at least eight hundred (800) square feet, or if the primary unit is less than eight hundred (800) square feet, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred (800) square feet, provided that the unit shall comply will all other development standards, including but not limited to setback requirements. (2) Height. Accessory dwelling units are limited to two (2) stories, or to one (1) story if built on top of a one-story structure. (3) Setbacks. (A) The front setback for an accessory dwelling unit shall be the same as for the primary unit on the property. (B) The side and rear setbacks for an accessory dwelling unit shall be four (4) feet minimum. (C) Notwithstanding (A) and (B), no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure; where: (i) the existing structure is permitted; and (ii) the conversion or new construction will have the same dimensions as the existing structure. (4) Separation Between Units. Detached accessory dwelling units shall have a minimum wall separation from the primary unit(s) of fifteen (15) feet. (5) Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. (6) Unobstructed Space Surrounding Unit. There shall be at least four (4) feet of unobstructed space adjacent to each exterior wall of an accessory dwelling unit in order to ensure that the unit is C.4.b Packet Pg. 119 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 7 accessible by public safety personnel. This space shall remain unobstructed at all times. (7) Nonconforming Conditions. Notwithstanding any other provision of this code, approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property. (8) Compliance with Other Codes. Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued. (9) Utilities. (A) The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home. (B) Except as provided in subdivision (A), accessory dwelling units and junior accessory dwelling units shall have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s). (10) Wastewater Service. (A) Sewer: (1) Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the City Engineer shall inspect existing sewer lines and determine sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code and/or other objective sewer or septic system requirements in local or state law, or exceed the existing sewer capacity, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. C.4.b Packet Pg. 120 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 8 (B) Septic System: (1) If a parcel relies on an onsite wastewater treatment system and the primary unit or second unit is within 200 feet of an existing sewer system, then the city shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development unless the city determines that there are conditions precluding attachment. (2) If the parcel relies on an onsite wastewater treatment system, the city may, if applicable, require documentation of a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years. (3) If the City determines that the addition of a new unit or units would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. (4) If a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. (11) Manufactured Homes. If a manufactured home is used as an accessory dwelling unit, it shall comply with the following requirements: (A) It shall be no more than ten years old on the day it is installed on the property. (B) It shall be installed on a permanent foundation. (C) It must meet the design standards in Section 18.69.060(b). C.4.b Packet Pg. 121 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 9 (12) Address. Accessory dwelling units and junior accessory dwelling units shall have their own address, which shall be the address of the primary unit with the addition of a letter (A, B, C, etc.). (13) Other Development Standards. Except as provided in this Section, accessory dwelling units and junior accessory dwelling units shall comply with all development standards applicable to the primary residence on the same lot. 18.69.060 - Design standards. (a) The architectural design and detailing, roof material, roof pitch, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat. (b) The roof shall have a minimum 16-inch overhang. (c) If a manufactured home is used as an accessory dwelling unit, it shall comply with the following design requirements: (1) It shall comply with the design requirements in Section 18.69.060(a), except that if materials matching the primary dwelling are not commercially available for a manufactured home, then finish materials shall be the same color as the finish materials on the primary dwelling; and (2) Mechanical equipment associated with the manufactured home shall be located so as to not be visible from a public street or adjoining property. 18.69.070 - Parking requirements. (a) One new parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in subsection (c). The new parking space(s) shall be located on the same lot where the accessory dwelling unit is located, shall not be on the street, and shall be in addition to all existing parking spaces on the lot. (b) No additional parking spaces are required for a junior accessory dwelling unit. (c) Notwithstanding subsection (a), no additional parking is required for accessory dwelling units in the following circumstances: (1) The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j), as may be amended. C.4.b Packet Pg. 122 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 10 (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (d) Off-street parking may be provided in setback areas in locations determined by the planning and development services department or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions. (e) Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit. However, off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a junior accessory dwelling unit or is converted to a junior accessory dwelling unit. (f) All parking design standards in Chapter 18.60 shall apply unless they conflict within this Chapter, in which case this Chapter shall govern. 18.69.080 - Sale and rental of units; rental property program compliance. (a) Except as provided in Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence. (b) An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days. (c) Unless the owner of the property provides the City with an annual certification that a unit is owner-occupied, accessory dwelling units and junior accessory dwelling units shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental Property Program). 18.69.090 - Deed restriction – junior accessory dwelling unit. The approval of a junior accessory dwelling unit shall be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the City on the property where the unit is, or will be, located. The C.4.b Packet Pg. 123 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 11 covenant shall be approved by the city attorney and the building official. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following: (a) A prohibition on the sale of the unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. (b) A restriction on the size and attributes of the unit that conforms to Government Code Section 65852.22, including the owner-occupancy requirement in Section 18.69.100. 18.69.100 - Owner occupancy – junior accessory dwelling unit. The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization. 18.69.110 - Development impact fees. No impact fee shall be imposed for an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, “impact fee” has the meaning given in Government Code Section 65852.2(f)(3)(b). SECTION 7. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. SECTION 8. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law. SECTION 9. Submission to Department of Housing and Community Development. Pursuant to Government Code section 65852.2(h), a copy of this ordinance shall be submitted to the Department of Housing and Community Development within 60 days after adoption. SECTION 10. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. C.4.b Packet Pg. 124 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/787283.2 12 I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving the first reading, except by title, at a regular meeting thereof held on the 10th day of May 2022, and adopted the Ordinance after the second reading at a regular meeting held on the 24th day of May 2022, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________ Darcy McNaboe Mayor ATTEST: ____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney C.4.b Packet Pg. 125 At t a c h m e n t : A D U O r d i n a n c e _ G r a n d T e r r a c e _ 5 . 2 . 2 2 ( S e c o n d R e a d i n g S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Council "Top Priorities" 2022-23 Fiscal Year Review and Update Log PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Provide Staff With Direction and or Receive and File Report 2030 VISION STATEMENT: This staff report supports the City Council’s Mission: to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. BACKGROUND: On May 28, 2020, the City Council held a Special Meeting Workshop to update its project priorities for Fiscal Year 2020-21. The priorities were broken down into Top, High and Priority. Staff presented the Council with a list of priority items from each Department. Staff ranked its priorities based on Department core services and available resources to accomplish tasks (A core service with a grant might receive a Top priority, versus a desired need with no funding might receive a Priority ranking). For the purposes of this exercise, resources are funds or personnel. Staff priorities were presented at the City Council workshop and Councilmembers were asked to rank projects, using the following criteria: Category # of Points Issued Description Top 10 It is critically important that this project be completed within the designated timeframe (So important that it would be alright if it were the only item accomplished – although there may be several items that qualify). High Priority 7 Very important that this item be completed within the designated timeframe. Priority 5 This item may be accomplished if all “Top” and “High Priority” projects are completed. 2 This item may be accomplished if all “Urgent,” “High Priority,” and “Priority” projects have been completed, and time permits. 0 This item should be removed from the Priorities Work Program. C.5 Packet Pg. 126 Council scores were combined and items that received three or more Top Priority votes became Top Priority projects. DISCUSSION: During the Priority Workshop, the City Council established over 100 Priority projects, of which, over 50 of the projects were ranked as Top Priority projects (Attachment I). While staff is diligently working to accomplish the Top Priority projects, some projects require significant lead time before they appear before the Council. Often the Council and the public ask about projects and believe no progress is being made. While staff provides Councilmembers with updates in areas in the form of: • Future Agenda Items • Economic Development Project Updates • Crime Statistics. • Monthly Budget Reports • Check Registers and Treasurer Reports • Quarterly Budget Updates It’s equally important for staff to provide Councilmembers with progress reports on Top Priority projects. Attached you will find a Top Priority Update Log (Attachment II); The Top Priority Update Log is similar to the Report Back Log used to update the Council on items requested at Council meetings. The Top Priority Update Log is housed on the City’s Intranet, where it will be updated weekly, a hard copy will be provided to the Council during the second meeting of each month. The Top Priority Update Log is a planning document and should not be distributed to the public, as dates and information are subject to change from week to week; it’s important that decisions are not made on planning documents, but with documents that have been fully vetted through our agenda process. Top Priority Projects will most likely appear before the City Council or Planning Commission sometime during the year of its introduction as a Top Priority Project. Sometimes High Priority Projects are fast tracked because of resources. Staff’s goal in developing this staff report, is to provide the City Council a mechanism to track staff’s progress on Top Priority Projects. In addition, this report will also provide the public a preview of exciting projects coming to the City of Grand Terrace. FISCAL IMPACT: There is no fiscal impact associated with providing staff direction or receiving and filing this report. ATTACHMENTS: C.5 Packet Pg. 127 • Attachment I - 05-24-2022 - Mayor and City Council Re Priority Projects - Final (DOCX) • Attachment II - Priority Project List 05-05-2022 (DOCX) APPROVALS: Konrad Bolowich Completed 05/17/2022 4:48 PM City Manager Completed 05/19/2022 3:06 PM City Council Pending 05/24/2022 6:00 PM C.5 Packet Pg. 128 City of Grand Terrace Inter-departmental Memorandum City Manager’s Office ____________________________________________________________________________ DATE: May 24, 2022 TO: Mayor and City Council FROM: G. Harold Duffey, City Manager Cynthia Fortune, Assistant City Manager SUBJECT: PRIORITY PROJECTS UPDATE FOR 2022-2023 AS APPROVED BY CITY COUNCIL AT ITS SPECIAL MEETING WORKSHOP DATED MAY 28, 2020 ____________________________________________________________________________ The City Manager’s Office has multiple business lines and while our resources are limited, we continue to allocate our resources to achieve maximum returns in the following areas: • Economic Development • Efficient Services to Citizens • Code Enforcement to Maintain the Community’s Quality of Life • Sustainability of the Organization While the City Manager will be responsible to ensure all departments adhere to priorities as supported by the City Council, the City Manager’s Office will also ensure the alignment of priorities based on its various business lines. The City Manager’s priorities will be based on alignment with the City Manager’s 2030 Vision Implementation Plan Phase II and the annual budget approved by City Council. The four categories of ranking used to prioritize the projects are: 1. Economic Development (40%) 2. Funding and Resources (25%) 3. Approved Council’s Future Agenda Item Requests (20%) 4. Quality of Life (15%). Priority projects are categorized as “A” Top Priority, “B” High Priority and “C” Priority. C.5.a Packet Pg. 129 At t a c h m e n t : A t t a c h m e n t I - 0 5 - 2 4 - 2 0 2 2 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - F i n a l ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Memo to Mayor and City Council Page 2 of 5 City Manager Office Priority Projects for 2022-2023 CM – Committees & Commissions & Report Back “A” Top Priority “B” High Priority “C” Priority Youth Appointment to Parks Commission Regional Joint Powers Policing Authority Return to City Council with Options to Delegate Special Event Support Air Traffic Over COGT Establish Youth Council or Youth Council Week Planning Commission Alternate Appointments CM – Human Resources “A” Top Priority “B” High Priority “C” Priority Employee Appreciation Program Council & City Staff Social Events Review of Health and Compensation “A” Top Priority “B” High Priority “C” Priority Greens Hotel Site Stater Bros. Expansion Development on City Center Dr. Greens Hospitality Site Storm Drainage Michigan Cage Park Gateway Specific Plan Cannabis Related Activities and Licensing in the City Rails to Trails Grant to Access Santa Ana River Taco Bell Walgreens Center Expansion Surgical Center Mr. TV Video Kaz Ramen Coffee Hollywood Video Conversion Edwin Fuels Fire Station Agreement TOT Tax Implementation Adult Daycare to Advance Accessibility (Former Childcare Site) Pit Stop Development La Crosse Development RDA Lot 0.80 Acre Development C.5.a Packet Pg. 130 At t a c h m e n t : A t t a c h m e n t I - 0 5 - 2 4 - 2 0 2 2 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - F i n a l ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Memo to Mayor and City Council Page 3 of 5 City Attorney Priority Project 2020-2021 “A” Top Priority “B” High Priority “C” Priority Code of Conduct – Legislative Body Handbook Cannabis Related Activities and Licensing in the City Finance & Senior Center Development 2020-2021 “A” Top Priority “B” High Priority “C” Priority Review of Business License Fee Finance Department Staff Re-Organization Housing Agency Programs Expand Outreach for Senior Transportation Services. (Utility & Water Bill Inserts) City Clerk’s Office Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority FPPC Compliance Scanning Increase Content of Intranet - Ongoing Records Destruction – Milestones and Research Grants Research Use of Facebook Live and Twitter City Clerk’s Department Operations Manual Manage City Neighborhood Recognition Programs Lighting in City Council Chamber Manage Annual Acknowledgment Program City Council Chamber Reception Area Upgrade Public Works Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority Fitness Park Canopy Small Cell Site Infrastructure Plan Park Enhancements Commerce Way Expansion Utility Pole Undergrounding Master Plan Mt. Vernon Slope Stabilization (New Grant Application) Year 3 & 4 CIP Fee Study Development Plans Fire Station Roof Repair C.5.a Packet Pg. 131 At t a c h m e n t : A t t a c h m e n t I - 0 5 - 2 4 - 2 0 2 2 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - F i n a l ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Memo to Mayor and City Council Page 4 of 5 Highway Safety Improvement Program Cycle 9 Guardrail Parking City Wide Strategy West Barton Bridge Replacement Road Support for Community Events Storm Drain Master Plan Traffic Circulation Study Public Works Maintenance Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority Traffic Signal/Street Light Storm Drain/Channel Streets, Sidewalks, Curb, Potholes & Parkway City Facilities Parks City Neighborhood Lighting Plan Street Sign Replacement Program Planning & Development Services Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority 4.78 Acres – PSA, Entitlements Grand Terrace Road – Aegis Sign Code Amend Master Plan Prohibit Use of Gas Leaf Blowers Edwin Fuels Gateway SP Anita – Grocery Outlet Sign Taco Bell Mr. TV Video – Gas Station and Convenience Market Grand T-1 LLC Project Blue Mountain Trail Grant Farming Project – 40 Acre Greenbelt Surgical Center Housing Authority Report Barton Road Streetscape Michigan Street – Complete Street Safety Element Update Housing Element Update General Plan Update C.5.a Packet Pg. 132 At t a c h m e n t : A t t a c h m e n t I - 0 5 - 2 4 - 2 0 2 2 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - F i n a l ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Memo to Mayor and City Council Page 5 of 5 EOC - Update Hazard Mitigation Plan Rental Inspection Program Review Prohibit Sale of E-Cigarettes and Flavored Tobacco Products Public Safety Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority Protocols for Special Events & Seasonal Law Enforcement Needs C.O.P. Recruitment Public Education & Citizens Arrests Neighborhood Watch Program Expansion Stop the Bleed C.5.a Packet Pg. 133 At t a c h m e n t : A t t a c h m e n t I - 0 5 - 2 4 - 2 0 2 2 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - F i n a l ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments ECONOMIC DEVELOPMENT 01/01/2022 Greens Hotel Site Develop Hotel Site as part of Greens Project City Manager 05-06-2022 – Work with developer to identify national brand hotel for the site. 01/01/2022 Greens Hospitality Site Develop Hospitality/Restaurant as part of Greens Project City Manager 05-06-2022 – Work with developer to identify national brand Hospitality or Restaurant for the site. 06/12/2019 Gateway Specific Plan Lewis Management Corp. submitted a proposal to develop 131.7-acres. The project site is designated Mixed Use and requires a Specific Plan, and Industrial. The Specific Plan for the project is proposing Residential, Commercial, Business Park, Public Facilities, and Public Facilities Overlay. City Manager 04-10-2020 – NOP anticipated for release for public review 06/2020. 06-08-2020 – Discussing with applicant NOP release date. 09-28-2020 – Discussing with applicant NOP release date. 10-19-2020 – Lewis submitted revised deal points. Presentation to City Council 12/08/2020. 01-05-2021 – Anticipated NOP release 01/2021. 02-02-2021 – Anticipated NOP release February 5, 2021. Scoping Meeting held February 22, 2021. 08-27-2021 – DEIR release for public review anticipated winter 2021. 11-09-2021 – Still awaiting DEIR and Specific Plan release for public review. 8-9-2022-The Specific Plan Comments were provided to the Applicant. 3-11-2022 The Specific Plan was resubmitted for review. It was distributed to multiple agencies. 4-28-2022-The incompleteness letter and corrections were sent to the Applicant. The Applicant still working on the EIR, which will have to be distributed for comment review. 5-6-2022 - Staff met with the Applicant to discuss the development progress. Approximately 550 dwelling units. Most are some form of attached units, with approximately 100 small lot product types. Working to assure high quality product with appropriate amenities are developed. Coordinating with multiple parties to provide appealing streetscape and street presence. Not for Public Distribution C.5.b Packet Pg. 134 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Taco Bell Taco Bell project is located on the North/East corner of Vivienda and Barton Rd. the property owner also owns former RDA lot in the same general vicinity and hopes to acquire an easement to allow flow from Taco Bell to future developments. City Manager 07-28-2020 – Council approved tax structuring plan. 09-01-2020 – Street Improvement Plan in for review. 10-05-2020 – Courtesy inspection performed for plumbing, mechanical and foundation 09/21/2020. 10-26-2020 – Building plans are acceptable. Building is up. Anticipated opening 01/01/2021. 06-01-2021 – Open for Business 06/12/19 Surgical Center Surgical Center is a rehab and expansion of an existing structure at 22809 Barton Rd. City Manager 04-03-2020 – Project is still in Plan check. 04-10-2020 – Commercial lending opportunities have slowed the project. 04-14-2020 – Applicant is working with Hilda Kennedy (AMPAC) to investigate financing options. 07-14-2020 – Applicant is proposing a scaled down project. 10-26-2020 – Applicant hired a new architect. No submittal date. 08-27-2021 – Project has been withdrawn 06/12/19 Kaz Ramen Coffee (Kamora’s) This project was borne from the owner of Kaz Ramen dealing with customers spilling into the parking lot on a daily basis as they wait to be seated at Kaz Ramen. The owner wanted to have a lounge where customers waiting for Ramen would hang out. City Manager Kamora’s has turned into a Japanese style restaurant with floor/cushion seating. The project is currently going through ADA design with their Architect to ensure the project is ADA compliant. 08-27-2021 - Withdrawn 06/12/19 Hollywood Video Conversion During the City’s priority workshop, the owner of Hollywood Video was in process of selling the building to an existing business within the community, the transaction has since ended City Manager 08-27-2021 – Nothing submitted to date. 05-06-2022 – Working with property owner and leasing agent on lease for Advanced Auto Parts store with associated monument signage. Not for Public Distribution C.5.b Packet Pg. 135 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Edwin Fuels The project is located along Barton Road, west of the 215 FWY proposing an 80,000 square foot building, 42-foot high on a 4.5-acre lot to process plastic conversion to fuels. It can also be used to conduct cardboard collection/distribution from Distribution facilities, not the public. The project will have approximately 100 employees operating 24/7. City Manager 03-31-2020 – Secondary Access getting resolved. Should get an update by 04/07/2020. 04-10-2020 – Setting up meeting with applicant week of 04/27/2020. 04-14-2020 – Met with applicant and consultants. Secondary access and air quality issues getting resolved. 06-03-2020 – Project resubmitted with secondary access resolved. Anticipating submittal of environmental document 07-01-2020. 07-02-2020 – AQMD permitting still under review. Project is incomplete. 08-20-2020 – Draft Air Quality Technical Study only for Agency input distributed to AQMD Environmental Division. A meeting has been scheduled with their staff mid- December. 10-05-2021 - Air Quality permitting compliance and design modifications pending. 11-01-2021 – Cardboard temporary permit extended 180 days Project withdrawn by the Applicant on November 30, 2021. 06/12/19 Fire Station Agreement The City of Grand Terrace owns Fire Station No. 23 that houses San Bernardino County Fire. The current contract calls for County Fire to pay the City $1 for rent and the City is required to make all major repairs to the Facility. Council requested staff renegotiate the lease to allow the City to monetize the asset and ensure revenue was generated to properly maintain the facility. City Manager 12-07-2020 – Scheduled to be brought before City Council in closed session on 01/12/2021. 08-24-2021 – Appraisal brought before City Council at closed session. 09-29-2021 – CIP approval still with the CAO. Once approved, County Real Estate services will contact the City. 05-03-2022 – Fire station is being sold to San Bernardino County Fire Department and is undergoing the transfer. Not for Public Distribution C.5.b Packet Pg. 136 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 TOT Tax Implementation The City of Grand Terrace is currently in an agreement to sell a portion of its real estate holdings. One of the proposals includes the establishment of a 80-90 room hotel within the City. Hotels are great generators of taxes. The taxes are called Transit Occupancy Tax (TOT). The TOT tax is usually from 12-16% on the cost of a room per night. Unlike other sales taxes which are split between the state, county, and City. The entire TOT tax belongs to the City. TOT taxes are normally paid by visitors and do not really impact local residents. City Manager 03-23-2021 – Item to return to the City Council in January 2022 to discuss voter outreach, education and cost and determine whether to place TOT tax on the November 2022 ballot. 02-02-2022 – City Council approved staff to move forward and identify and engage resources for community outreach and voter education. 05-05-2022 – A TOT Tax measure will be brought back to the City Council at its May 24, 2022 meeting for approval and to be placed on the November 2022 ballot. 05/28/2020 Adult Daycare to Advance Accessibility City Manager 05-06-2022 – Project withdrawn 05/28/2020 Pit Stop Development Development & Disposition Agreement for (DDA) for the development of Pit Stop and SBCTA remnant properties into a multi- tenant drive thru business. City Manager 08-27-2021 – Staff collaborating with developer and SBCTA. City will purchase remnant from SBCTA and transfer through land sale for multi-tenant drive thru. Purchase Agreement coordination underway. Anticipated agreement to be heard by Council in the fall of 2021. 10-12-2021 – Scheduled for Closed Session on 10/12/2021. 11-09-2021 – City will purchase property and immediately sell multi-tenant opportunity 05-06-2022 – Land transfer continues through surplus land act process. Development in process through Planning. 05/28/2020 La Crosse Development Combining parcels along round- about for commercial business City Manager 08-27-2021 – Staff collaborating with developer to secure adjacent property next to McDuffee. Anticipated agreement to be heard by Council spring 2022. 05-06-2022 – Working with landowner for possible gas station and car wash. Seeking national brand retailer. 05/28/2020 RDA Lot 0.80 Acre Development City Manager 06-30-2021 – Purchased by City through bond RDA dissolution. 05-06-2022 – In discussion for sale and development as medical building. Not for Public Distribution C.5.b Packet Pg. 137 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 05/28/2020 Grand T-1 LLC Project Economic Development-Community Benefit Agreement Between the City of Grand Terrace and Grand T-1, inc. (Patrick O’Brien) 1.Dedicate the trail connection to the Santa Ana River Trail and the Community Garden. 2.Will make annual payments to the city in the amount of $10,000 for a period of 10 years. 3.Will construct a teaching amphitheater at Grand Terrace Fitness Park. 4.Improvements for the pedestrian trail connection to the Santa Ana River Trail. 5.Will prepare plans and specifications for the community garden as specified in the CBA. 6.Grand T-1 will maintain the Pedestrian Trail and the Pedestrian Trail Easement. City Manager 07-16-2020 – Approved by Planning Commission. Community Benefit Agreement is next step. 07-27-2020 – Appeal filed. 08-25-2020 – City Council Appeal hearing 08-26-2020 – Project approved. Next step – community benefit implementation. 08-27-2021 – Waiting for Community Benefit Agreement for Council consideration. 10-05-2021 – City Council to consideration of the Community Benefit Agreement at its 11/09/2021 meeting. 11-09-2021 – City Council consideration of the Community Benefit Agreement. 05-06-2022 – Project under construction. Community garden, Trailhead, Walking Trail and street vacation all proceeding. Associate Signage due to be installed in June. 08/11/20 Hazard Mitigation Plan Update Update major hazards (Fire, Seismic, Aircraft and new items) for the 2030 General Plan City Manager 08-20-2020 – General Plan Update presented to Planning Commission. Developing RFP for all elements for 2021. 05-18-2021 – Reevaluating Process. 05-06-2022 – In Progress COMMITTEES, COMMISSIONS & REPORT BACK 05/28/2020 Youth Appointment to Parks Commission City Manager 08-27-2021 – This item had been placed on hold due to the pandemic. This recruitment needs to begin at the beginning of the calendar year to recruit for the fiscal year July-June; therefore, active recruitment will begin in the spring of 2022. 02-03-2022 – Youth Vacancy recruitment was posted and published through the newspaper, City’s website, Facebook, Twitter, and GTHS. 05-04-2022 – No applications have been submitted as of this date. Not for Public Distribution C.5.b Packet Pg. 138 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments HUMAN RESOURCES 06/12/19 Employee Appreciation Programs The exit interviews conducted by a City Consultant identified that most employees felt they were overworked because of the small staff. The employees said they also felt under appreciated. Noel Carpenter City Staff is working on an employee appreciation program that includes peer to peer instant recognition as well as recognition by supervisors to employees. The City’s current personnel policies also allows managers to provide monetary compensation for employees that provide exceptional work that benefits the City. An important note of the exit interviews, this section was not about compensation but about feeling appreciated for the work they perform. Management has also reached out to line staff to include them on more of the process, so they understand their role in the overall project. The Official Recognition Program should roll out in Late May. 05-04-2022 - Staff has provided several (seven) employees with Recognition Awards; brought all employee evaluations up to date; implemented appropriate step increases; facilitated multiple promotional opportunities (five); provided staff with the opportunity to order shirts with the City Logo; and continues to coordinate special employee events throughout the year including Birthdays, Pizza Day, Summer BBQ, Halloween Treats, Thanksgiving Lunch, and Christmas Celebration. FINANCE & SENIOR CENTER DEVELOPMENT 06/12/19 Review of Business License Fees Council requested staff review the cost to monitor and issue business licenses to determine if the City is fully recovering its costs. The City of Grand Terrace Business license fee is charged based on type of business and revenue generated. However, the business license has a $1,200 cap, regardless of the revenue a business generates the maximum amount of the fee is $1,200. Finance The City’s Business License Fee (per Title 4) is a tax that requires a majority vote. Staff will need direction should City Council desire to increase the Business License Tax and put the potential increase on the ballot. Not for Public Distribution C.5.b Packet Pg. 139 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Housing Agency Programs The City Council of Grand Terrace has a Housing Authority that is charged with administering affordable housing programs for the City of Grand Terrace. In the past the agency through the RDA provided silent seconds and refurbish home loans for elderly and income challenged homeowners. The last activity of the RDA Housing Agency was a partnership with Habitat for Humanity. City Manager The Grand Terrace Housing Authority (GTHA) is not a semi-autonomous arm of the City Council, charged with implementing affordable housing programs. The agency has approximately $1,000,000 in liquid assets and silent second loans valued at $630,000. The City General Fund owes the GTHA $168,200. In addition, the GTHA will receive an additional $348,636 from ERAF over the next 6 years. The Agency faces a challenge this year, it must spend approximately $200,000 in bond proceeds to comply with the covenant. Therefore, staff is developing a plan to hire external staff to develop and manage a combination of programs to support first time home buys, senior and income challenged rehabilitation programs. In addition, staff will work with Code Officials to identify those income challenged seniors with code violations to try and assist them with compliance. Council should receive proposal from consultants and a menu of programs end of May, Early June. 05-06-2022 – No progress. 05/28/2020 Expand Outreach for Senior Transportation Services. (Utility & Water Bill Inserts) City Manager 05-06-2022 – The City does not produce inserts for bills. We have coordinated with OmniTrans for expanded services and off hour services through discounted Uber fares. Information distributed through Senior Center and Senior Housing Complex. Not for Public Distribution C.5.b Packet Pg. 140 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments CITY ATTORNEY 05/28/2020 Code of Conduct – Legislative Body Handbook Adrian Guerra 08-03-2020 – Special Meeting Workshop is scheduled for 08/06/2020 @ 6:00 p.m. in the Community Room. 09-14-2020 – Another workshop session needs to be scheduled to complete the City Council’s review of the remaining sections of the handbook. 12-07-2020 – Secondary workshop tentatively scheduled for 01/21/2021. 01-04-2021 – City Clerk contacted Council providing January 21, 2021, workshop date and requested confirmation that all members will attend. 02-02-2021 – Council held its January 21, 2021, workshop and additional information was provided to the City Attorney to revise the Council’s Code of Conduct Legislative Body Handbook. Additionally, an Ad Hoc Committee was appointed to review Commission and Committee required expectations as well as a censure policy. The Ad Hoc Committee will return to Council with its report on February 23, 2021, with the final document being brought back to Council in March or April 2021. 05-18-2021 – Scheduled for final approval at the City Council’s 05/25/2021 meeting. 05-25-2021 – Completed. Not for Public Distribution C.5.b Packet Pg. 141 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments CITY CLERK 06/12/2019 FPPC Compliance City Council to ensure method in place to ensure compliance with State requirements Debra Thomas 06-12-2019 – City Council approved priority project list. 03-03-2020 – Beginning with the Form 700s due April 1, these items will be placed into the City’s EDMS and City’s website, including all future FPPC forms upon receipt. ONGOING 01-12-2021 – Reviewing Netfile’s proposal to host all of the City’s FPPC filings online. Pursuant to AB2151, legislation requires Cities to post redacted versions of any campaign filings. 02-02-2021 – Preparing ordinance for electronic FPPC filings. Bringing to Council on February 23, 2021. 04-27-2021 – Working with NetFile to upload all of the 87200 Filers FPPC forms to the City’s website. 05-11-2021 – Ordinance approved for electronic FPPC filings. 05-18-2021 – Working with NetFile to upload all 87200 Filer information, Form 460 information and ethics and harassment training schedules. 05-02-2022 – All ethics training for elected officials is being monitored on a bi-annual basis. 05-03-2022 – Human Resources will be scheduling all harassment training moving forward. 05-04-2022 – All 87200 Filer information has been linked to the City’s website. 06/12/2019 City Intranet The City upgraded its internet website in October 2017. The upgrade included an Intranet package. The Intranet allows internal web pages and information to be shared with just staff and Council. Things like payroll, event information, and internal directories. Debra Thomas 06-12-2019 – City Council approved priority project list. 09-01-2020 – The City’s staff directory, City Council orientation manual, Employee orientation Manual and legislative representatives for the COGT have been uploaded to the intranet. As new global information is identified that information will be uploaded on an ongoing basis. ONGOING Not for Public Distribution C.5.b Packet Pg. 142 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Facebook Live and Twitter City Council would like staff to examine the use of social media such as Facebook Live and Twitter to increase public engagement. Debra Thomas 06-12-2019 – City Council approved priority project list. 10-09-2019 – Currently, the City uses various methods to provide outreach to the public for its City Council meetings. Council meetings are streamed live on the City Clerk’s webpage and Channel 3 through Spectrum and AT&T U-Verse beginning at 6:00 p.m. every 2nd and 4th Tuesday of each month. The Council meetings are scheduled to replay every day through these same outlets as well. The City also has a YouTube channel where Council meetings are uploaded, and anyone may access Council meetings. Using Facebook Live and Twitter for live streaming will require additional staff and resources. At this time staff is researching the cost and expense to run these live feeds and will report back to Council at a future Council meeting in 2021. 08-27-2021 – Meeting with Benson Productions in the next couple of weeks to discuss implementation of Facebook Live. 10-12-2021 – Facebook Live and Twitter for live streaming requires additional staff and resources. City Council approved Zoom as an additional method to provide public access to City Council meetings. This method of increasing public engagement will continue for all future Council meetings in place of Facebook Live and Twitter. Not for Public Distribution C.5.b Packet Pg. 143 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Manage City Neighborhood Recognition Programs City Council would like to recognize neighborhoods/ individuals that have gone above and beyond to help make the community a better place to live. Debra Thomas 06-12-2019 – City Council approved priority project list. 03-04-2020 – City Council approved a Neighborhood Recognition program and staff is working on developing effective ways to implement the program. Staff will be reaching out to the Grand Terrace Women’s Club and Historical & Cultural Advisory Committee to assist with this implementation. 05-18-2020 – Planning & Development Services is working on policy. Once completed, coordination with the Women’s Club on types of recognition awards will begin. 05-18-2021 – Reviewing various neighborhood recognitions programs to provide to Planning & Development Services to create a policy. 04-26-2022 – City Council approved a bi-annual landscape recognition program that will begin with the first City Council recognition to be held at a regular meeting of the City Council in October 2022. 06/12/2019 Annual Acknowledgement City Council would like to annually recognize community volunteers at a City Council meeting. Debra Thomas 06-12-2019 – City Council approved priority project list. 03-04-2020 – Staff is identifying a Council meeting in which to annually hold a recognition event to honor all of the community volunteers. 05-18-2020 – Due to COVID-19, this project is on hold until stay at home orders are lifted for public gatherings. Once lifted, the goal will be to schedule the program to be held at a Council meeting annually in March. 05-28-2020 – For calendar year 2020, thank you letters will go out to all of the citizen volunteers acknowledging them for all of their hard work. 07-10-2020 – Sent thank you letters to all of the volunteers on behalf of the City Council. 08-31-2020 – Reception will be held at 5:00 p.m. prior to the start of the City Council meeting on March 9, 2021. Recognitions will be given during agenda Presentations. 05-18-2021 – Rescheduled for the 2nd meeting in August 2022. Not for Public Distribution C.5.b Packet Pg. 144 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments PLANNING & DEVELOPMENT SERVICES 06/12/2019 4.78 Acres –PSA, Entitlement Escrow on this project was opened on 8/16/2019 and completed 6/30/2021 and concept plans were approved by Council on 10/22/2019. Michael Baker International will process the entitlements, including CEQA – The entitlement processing will be paid by Greens Group through a deposit-based program. Haide Aguirre 04-10-2020 – Entitlement package will follow PSA anticipated for 05/15/2020. 04-28-2020 – PSA extended 6 months by City Council. 07-16-2020 – Met with Greens Group. Entitlement Package anticipated 7-31-2020 with a DA for 8-24-2020. 08-21-2020 – Greens Group submitted BRSP Amendment, GPA, and CUP package. Anticipated DAB schedule for mi- September. Michael Baker given Notice to Proceed as contract Project Manager. 08-31-2020 – Development Advisory Board meeting scheduled for 09/15/2020. 09-15-2020 – Development Advisory Board meeting scheduled for Greens Group/ Entitlement Package. 10-05-2020 – Applicant has committed to resubmit plans 10/30/2020. 11-17-2020 – No resubmittal to date. 05-13-2021 – BRSP Update in progress to facilitate – Public Hearings for Greens to commence December 2021. 11-15-2021 2021– Release of environmental document for public review 01-04-2022-The Greens Group, City Manager, and Staff meet to go over the project status, and received city’s comments. 02-13-2022-The Greens Group responded to city’s comments 02-25-2022-Follow up meeting with The Greens Group and Staff. 02-18-2022-Follow up meeting 04-22-2022-City Manager and Staff met with The Greens Group, finalizing project design. Not for Public Distribution C.5.b Packet Pg. 145 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Town Square Master Development Plan (TSMDP) The TSMDP was completed for the Stater Bros Project and included land from Barton and Michigan to Barton and Canal. The Final Environmental Impact Report did not anticipate the uses identified in the Greens Group Project. Therefore, staff will review the FEIR and recommend additional reports. Haide Aguirre 04-10-2020 – Ongoing 06-03-2020 – City met with MBI to commence amending Master Plan. 07-16-2020 – Met with Greens Group. Entitle Package anticipated 7-31-2020. Michael Baker commence Specific Plan Amendment for the hotel & zoning. 08-21-2020 – Greens Group submitted BRSP Amendment, GPA, and CUP package. Anticipated DAB schedule for mid-September. Michael Baker given Notice to Proceed as contract Project Manager. 08-31-2020 – Development Advisory Board meeting scheduled for 09/15/2020. 09-15-2020 – Development Advisory Board meeting scheduled for Greens Group/Entitlement Package 10-26-2020 – Michael Baker (Consultant) is independently taking revisions to the TSMP/BRSP ahead of Greens Group. 05-13-2021 – BRSP and TSMP folded together in an Update in progress to facilitate – Public Hearings for Greens to commence November 2021. 11-15-2021 2021– Release of environmental document for public review. 01-31-2022-A meeting was scheduled with Michael and Baker for status on the BRSP. 04-06-2022 The BRSP Draft has been prepared by Michael and Baker, Staff is reviewing the documents. Not for Public Distribution C.5.b Packet Pg. 146 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Edwin Fuels The project is located along Barton Road, west of the 215 FWY proposing an 80,000 square foot building, 42-foot high on a 4.5-acre lot to process plastic conversion to fuels. It can also be used to conduct cardboard collection/distribution from Distribution facilities, not the public. The project will have approximately 100 employees operating 24/7. Haide Aguirre 03-31-2020 – Secondary Access getting resolved. Should get an update by 04/07/2020. 04-10-2020 – Setting up meeting with applicant week of 04/27/2020. 04-14-2020 – Met with applicant and consultants. Secondary access and air quality issues getting resolved. 06-03-2020 – Project resubmitted with secondary access resolved. Anticipating submittal of environmental document 07-01-2020. 07-02-2020 – AQMD permitting still under review. Project is incomplete. 08-20-2020 – Draft Air Quality Technical Study only for Agency input distributed to AQMD Environmental Division. A meeting has been scheduled with their staff mid- December. 10-05-2021 - Air Quality permitting compliance and design modifications pending. 11-01-2021 – Cardboard temporary permit extended 180 days. Project withdrawn by the Applicant on November 30, 2021 06/12/2019 Taco Bell J & R Hock Enterprises proposing a Taco Bell drive thru restaurant on a 0.56-acre lot located at the intersection of Barton Road and Vivienda Avenue, zoned Barton Road Specific Plan Village Commercial. The proposed improvements include parking, landscaping, trash enclosure, loading area, access, and street improvements. Haide Aguirre 04-10-2020 – Applicant received plan check comments. Demolition permit anticipated for submittal 06/15/2020. 06-02-2020 – Common wall/fence agreement executed. Collaborating with developer on utility relocation. 07-28-2020 – Council to consider tax structuring plan. 08-17-2020 – Demolition Permit Approved. Grading and Building Plans under review. 08-28-2020 – Demolition complete. 08-31-2020 – Grading permit issued. Grading commences 9/1/2020. 09-01-2020 – Street and Building Plan in for review. 10-05-2020 – Courtesy inspection performed for plumbing 09/21/2020. 10-26-2020 – Building plans are acceptable. Building is up. Anticipated opening first quarter 2021. 04-04-2021 – Anticipated opening. 05-18-2021 – Near completion – Anticipated opening no later than 06-01-2021. 06-16-2021 – Open for Business Not for Public Distribution C.5.b Packet Pg. 147 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 11/17/2021 Mr. TV Video – Gas Station and Convenience Market The project consists of 2775 sq. ft. gas station and convenience store on a 0.36-acre lot. The gas station will have four fueling stations. The convenience store will provide fresh hot, cold and prepackaged items. An ABC license will be obtained for the sale of beer and wine. The use will provide 24 hour service. Haide Aguirre 12-6-2021-The project was routed to multiple agencies to obtain their review and comments 1-4-2021-The city prepared an Incompleteness Letter containing project comments 2-10-2022-Staff met with the Applicant and team to discuss the incompleteness items. 06/12/2019 Gateway Specific Plan Lewis Management Corp. submitted a proposal to develop 131.7-acres. The project site is designated Mixed Use and requires a Specific Plan, and Industrial. The Specific Plan for the project is proposing Residential, Commercial, Business Park, Public Facilities, and Public Facilities Overlay. Haide Aguirre 04-10-2020 – NOP anticipated for release for public review 06/2020. 06-08-2020 – Discussing with applicant NOP release date. 09-28-2020 – Discussing with applicant NOP release date. 10-19-2020 – Lewis submitted revised deal points. Presentation to City Council 12/08/2020. 01-05-2021 – Anticipated NOP release 01/2021. 02-02-2021 – Anticipated NOP release February 5, 2021. Scoping Meeting held February 22, 2021. 08-27-2021 – DEIR release for public review anticipated winter 2021. 11-09-2021 – Stil awaiting DEIR and Specific Plan release for public review. 8-9-2022-The Specific Plan Comments were provided to the Applicant. 3-11-2022-The Specific Plan was resubmitted for review. It was distributed to multiple agencies. 4-28-2022-The incompleteness letter and corrections were sent to the Applicant. The Applicant still working on the EIR, which will have to be distributed for comment review. 5-6-2022-Staff met with the Applicant to discuss the incompleteness items. Not for Public Distribution C.5.b Packet Pg. 148 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 16-unit Canal CUP (Aegis) Aegis Builders, Inc. is proposing to develop a 0.80-acre site with 16-unit apartment community within the Plan Residential. The project is located along Gage Canal and does not have direct access to a public street; therefore, an access easement to cross the Gage Canal property will be required. Haide Aguirre 10-05-2021 – Project winding through entitlement. Anticipated for Planning Commission consideration January 2022. 11-09-2021 – Project winding through entitlement. Several variances. August 3, 2021_A response letter to the comments was received form the Applicant, disagreement statement. 12-15-2021-The project was 01-06-2022-The project was deemed incomplete, 02-04-2022 The Applicant requested a Public Hearing, regardless of the incompleteness items. 03-11-2022-A Letter of Incompleteness was sent to the Applicant from the city’s Legal Team representing staff. 04-11-2022-A disputed Letter of Incompleteness was received from the Applicant’s Legal Office. 04-20-2022-The city’s legal team responded to the Applicants Disputed Letter. 06/12/2019 Blue Mountain Trail Grant The Blue Mountain Trailhead and Trail is an HCF Grant. The site is located at the intersection of Van Buren and Observation Drive. The project is proposing parking lot, resting facilities, picnic table areas. Hirsch and Associates was contracted for the design and preparation of construction plans. Shanita Tillman 04-10-2020 – Community meeting will be scheduled 05/2020. 04-14-2020 – Met with State Grants Coordinator to commence acquisition process. 05-24-2020 – City received deed and covenant documents. Reviewing for signature. 07-2020 – Community meeting proposed. 07-20-2020 - Community meeting proposed in September 2020. 09-15-2020 – Community meeting proposed in September 2020. 10-28-2020 – Working on aerial survey. 01-05-2021 – Aerial survey complete. 02-02-2021 – Contract extension February 23, 2021. 05-13-2021 – Project update prepared for website. 07-08-2021 – Community meeting held. State granted an extension through 2024. 11-09-2021 – Still working with property owners. 05-04-2022 – Staff is working to renew agreement with Hirsch & Associates in conjunction with the project. Not for Public Distribution C.5.b Packet Pg. 149 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Surgical Center The applicant (Dr. Esmond Gee) is proposing to remodel and existing 2,788 square feet building and add 1,665 square feet for the establishment of a medical office on a 0.46-acre lot. An existing 317 square feet accessory structure located on the northeast of the property is proposed to be removed. The site improvements include parking and landscaping. Haide Aguirre The project was approved by the Planning Commission at a public hearing on February 21, 2019. The Architectural Building Plan Check was submitted for review on January 3, 2020, comments were provided to the applicant, and we are pending applicant’s resubmittal. Staff is anticipating construction of the project to start no later than May 2020. 04-03-2020 – Project is still in Plan check. 04-10-2020 – Commercial lending opportunities have slowed the project. 04-14-2020 – Applicant is working with Hilda Kennedy (AMPAC) to investigate financing options. 07-14-2020 – Applicant is proposing a scaled down project. 10-26-2020 – Applicant hired a new architect. No submittal to date. 05-18-2021 – No progress to date. 08-27-2021 – Project has been withdrawn. 05/28/2020 Housing Authority Report The Grand Terrace Housing Authority focuses its efforts in producing dwelling units in accordance with the City’s RHNA allocation. The funds may be used to monitor and enforce long-term affordability covenants and restrictions and to administer housing activities. Haide Aguirre 07-2020 – A Request for Proposal (RFP) will identify firms that will support the Authority. 05/28/2020 Barton Road Streetscape The West Barton Road Bicycle and pedestrian Improvement project will implement a series of infrastructure enhancements that will improve safety and connectivity for pedestrian, bicyclists, drivers, and transit users from Commerce Way/Vivienda Avenue to Mt. Vernon Avenue. Shanita Tillman 06-15-2020 _ Reviewing concept plan. Coordinating contract specifications. 10-26-2020 – KTUA to present final conceptual design to City Council on 01/12/2021. 02-02-2021 – Contract extended to January 12, 2023. 05-04-2022 – Staff is seeking to renew agreement with KTUA for completion of project. Not for Public Distribution C.5.b Packet Pg. 150 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 05/28/2020 Michigan Street – Complete Street The Michigan Street Walkability/Complete Street Plan will re-design the buildout of Michigan Street as a multi-modal street for pedestrian, bicyclist, and motorist. Shanita Tillman 06-15-2020 – Re-circulating RFP due to lack of consultant response. 06-25-2020 – City Council presentation with final design plan. 08-25-2020 – City Council presentation with final design plan. 08-31-2020 – Planning second workshop and seeking grants for project implementation. 02-02-2021 – Contract extended to January 12, 2023. 05-04-2022 – Staff is seeking to renew agreement with KTUA for completion of project 05/28/2020 Safety Element Update Safety Element will be prepared in tandem with the 2021-2029 Housing Element Haide Aguirre 06-15-2020 – Re-circulating RFP due to lack of consultant response. 08-20-2020 – General Plan Update presented to Planning Commission. Not for Public Distribution C.5.b Packet Pg. 151 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 05/28/2020 Housing Element Update City Council adoption of the next Housing Element update for the 6th planning cycle (2021-2029) will be due by October 2021. Staff will monitor changes to State housing law and HCD policy and prepare an Administrative Draft Housing Element meeting the requirements of State law. Haide Aguirre 06-15-2020 – Re-circulating RFP due to lack of consultant response. 08-20-2020 – General Plan Update presented to Planning Commission. Development RFP for all elements 2021. 01-05-2021 – Proposal received. 02-02-2021 – Re-evaluating process. 05-13-2021 – Contract with John Douglas Approved – Housing inventory presentation to Planning Commission Anticipated 06/2021. 10-05-2021 – Planning Commission and City Council presentations scheduled for October and November 2021. Approval anticipated after HCD certification February 2022. 10-19-2021 – Planning Commission presentation scheduled for October, November, and December 2021. 10-21-2021-The City Council reviewed the Housing Element and authorized submittal to HCD for the 60 day review and comment period. 2-10-2022 The Department of Housing and Community Development provided the city a comment response letter. 2-23-2022-JHD submitted a memo requesting an Agreement Amendment. The city could not support the proposed Amendments; therefore, concluding the professional services with JHD Planning, LLC. SBCTA assigned Michael Baker to the City of Grand Terrace to complete the Housing Element Updates thought their REAP Grant. 4-20-2022-Michael Baker, City Manage and Staff held a conference call to discuss HCD comments letter. A follow up meeting will be scheduled to set up target dates for the Housing Element Update completion. 08/11/20 Rental Inspection Program Update Apartment and single ownership rental program Leila Holtzen 08-31-2020 – Program update presentation to go before Council 10/20/2020. 10-13-2020 – Presentation made to City Council. Further direction received and will bring back to City Council second quarter 2022. 4-26-2022- Presented update to City Council. Not for Public Distribution C.5.b Packet Pg. 152 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 08/11/20 General Plan Update Comprehensive Update to the required and optional Elements of the General Plan Haide Aguirre 08-20-2020 – General Plan Update presented to Planning Commission. Development RFP for all elements for 2021. 09-07-2020 – General Plan Update Schedule submitted to City Council. Developing RFP for all elements for 2021. 12-07-2020 – RFP is out until 12/09/2020. 08-26-2021 – Received one submittal. 04-2022 – Effort will commence after Housing Element adoption. Not for Public Distribution C.5.b Packet Pg. 153 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments PUBLIC WORKS 6/12/2019 Commerce Way Expansion Project is Measure I funded project with estimated cost of $5.5 million. Includes four lane Arterial Road. Project will also include storm water system. Shanita Tillman 10-03-2018 – Interwest Consulting completed the 90-% Street & 50% Storm Drain compliance review of the Commerce Way project. 12-05-2019 - Completed Final Design of City Section, coordinating with developer on southern portion. Project is 100% designed. 60% cost from Measure I, 40% from Development Impact fees (DIF). Project requires major grade work and addition of storm drains. Cost of storm drains require additional funding before Commerce Way Expansion can start construction. Collaborating with Developers in Gateway Specific Plan to develop funding measure. A funding mechanism should appear before the Council within 90 days. 04-06-2020 - The project is a part of the Gateway Specific plan which is scheduled to release the NOI for circulation in June. 06-15-2020 – Grant application for storm drain submitted today to help cover storm drain costs. 09-14-2020 – All CPNA funds are currently allocated to this project. 10-05-2020 – CPNA Annual update going to Council 10/13/2020. 11-17-2020 – Requested an update meeting with Manuel Gomez and CPSI (Right of Way agents) 12-01-2020 – Update meeting held with Lewis, CPSI and Manual Gomez. 03-17-2021 - Coordination meeting with Gateway Specific Plan developer to discuss regional drainage master plan. 04-19-2021 Met with developers (Gateway SP 7 Condor Energy) to discuss modified cross-sections and lane configurations in vicinity of Main/Taylor and regional drainage master plan. 08-2021 – Met with developers, provided comments to preliminary road alignment. 10-05-2021 – Redesign of street alignment proposed by City, coordination of impacts progressing. 11-16-2021 – Developer submitted 65% plan package for review. Not for Public Distribution C.5.b Packet Pg. 154 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Mt. Vernon Slope Stabilization Project identified in Hazard Mitigation Plan. City applied to OES for grant funds, not successful this time, but waiting for additional funding opportunities. Shanita Tillman 11-06-2019 – Received notice from OES that project was not selected for funding. Staff met with our grant writers on 01-24-2020. We are monitoring next opportunity to apply for new grant funding from State and Federal Government. City Council provided $600,000 in RDA Bond proceeds as match to potential grant funding. 04-06-2020 – Grant consultant to meet with CalOES for feedback and next opportunity. 05-15-2020 – Consultant met with CalOES and will prepare the application for a June submittal. 06-01-2020 – Resubmitted to State for next cycle. 06-08-2020 – Received notice from State that project is eligible to apply for funding. Consultant selected to process application. 09-07-2020 – OES Hazard Mitigation Grant Submitted. Need to identify grant match. 10-26-2020 – Meeting scheduled to discuss application with Caltrans. 11-17-2020 – Multiple meetings with grant writer and Caltrans to better prepare grant for submittal. 12-01-2020 – Updated grant information provided per Caltrans request for submittal to FEMA. 08-2021 – Awaiting FEMA results, anticipated within the next 12 month. 11-05-2021 – No change in status. 03-03-2022 – CalOES issued email requesting information regarding the project. 03-11-2022 – Staff reached out to Evan Brooks. Planning to discuss whether they could provide response to CalOES. City was requested to provide information from studies and geotechnical assessments. 05-03-2022 – Staff reached out to geotechnical consulting firms to inquire whether they would be able to assist the City in providing CalOES with requested information. Updates from consultants are pending. 6/12/2019 Year 3 CIP City completed year 1 and 2 of CIP with existing gas tax and Measure I funds. The City will receive approximately $200,000 in Measure I allocation annually, However, this Shanita Tillman The State of California has two very promising programs. California Total Road Improvement Program (TRIP) will advance City money through multi-City issued bond allocation, utilizing Measure I funds from 2020-2040. Total allotment after issuance is $1.7 Million, available to City by Not for Public Distribution C.5.b Packet Pg. 155 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments would require the City to compile proceeds and delay year 3 and 4 for several years. Staff is working on funding to complete Years 3, 4, by September 2020. July 1, 2020. Staff is preparing bid package for years 3 and 4 with addendums for additional roads. It will be presented to Council in July for consideration. Another option is from California First Bank. They will loan City up to $5.5 -$7.5 million but they require collateral. TRIP programs use of Measure I seems to be a good fit for roads. 05-12-2020 – Yearly project update to Council. 06-01-2020 – Contact TRIP program administrator for update. 08-20-2020 – Submitted updated Measure I pass through funding plan to SBCTA. Preparing task order for preparation of resurfacing/striping plans and specifications. 09-01-2020 – Researching status of PSE for 20/21 fiscal year resurfacing for fall project. 10-05-2020 – No PSE have been located for 20/21 resurfacing and restriping plans. We will start preparing plans now for project Spring 2021. 10-26-2020 – Base maps created, and plan preparation has started. Scheduling to advertise and award January/February 2021. 12-01-2020 – Plans substantially completed, reviewing ADA ramp requirements and various treatments. May be able to resurface additional streets based on preliminary spreadsheet numbers. 01-04-2020 – Approximately $750k funds identified for project, utilizing a cape seal on deteriorated residential roads, working on engineers estimate, and specifications. Take to January CC meeting. 02-02-2021 – Out to bid. Bid closing February 9, 2021. Award at the February 23, 2021, City Council meeting. 02-23-2021 Contact awarded to Onyx Paving Company. 04-22-2021 Notice to Proceed issued to Onyx with project completion estimated by 07-12-21. 08-2021 – Notice of Completion filed, project complete. Retention release 09/15/2021. 10-05-2021 – Completed. Not for Public Distribution C.5.b Packet Pg. 156 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Fee Study In 2018 the City Council requested staff update Fee Ordinance for Public Works fees to ensure cost recovery for projects. Staff’s review expanded to all fees to ensure City fully recovered its costs. Shanita Tillman Staff hired consultant to do fee study, draft was completed and given to staff in 10/19 and then finalized 11/19. It was determined the best way to proceed is to remove fees from ordinance and set by resolution, this will allow Council to review and easily set fees annually. However, we need to keep traffic related fees and tax penalties in place. PW and Planning staff is working with Finance and attorney to take fees out of municipal code and set by resolution. Based on fee study, new fees will be approved by Council in the budget and approved yearly. First schedule fee resolution should appear before the Council in early May and coincide with budget process. 04-14-2020 – Ordinance to set fees by resolution introduced. 05-12-2020 – 2nd reading to go to Council. 05-15-2020 – Coordinate with consultant to complete fee study, draft resolution. 06-02-2020 – Meet with Finance on staff report. 06-05-2020 – Discussed fees and implementation with Finance, updated staff report. 09-14-2020 – Obtained recent encroachment fee study from another agency to consider for cost recovery. 10-26-2020 – Reviewing fees to be adopted for November City Council meeting 11-17-2020 – Discussion regarding scope of fee revision. 12-01-2020 – Preparing to take fee update to 01/12/2021 CC meeting. 02-02-2021 – Completed. Resolution effective 03/12/2021. 03-12-2021 – New Fees Implemented Not for Public Distribution C.5.b Packet Pg. 157 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Fitness Park Canopy Council expressed concern that the summer heat makes the playground surface area too hot for children to play. It was recommended that canopies be installed at fitness park to reduce heat of playground area. Other parks have natural shade (trees). Shanita Tillman When this item was presented to the Council during our workshop, Council elevated this to a Top Priority and assigned Bond Proceeds to the project. Staff is currently pricing canopies and should be ready to appear before Council with purchase recommendation, sometime before Summer 2020. 04-29-2020 – Research Piggyback bid with local city. 05-15-2020 – Contact vendor on recent bid documents. 09-01-2020 – Requested proposal based on GSA pricing to award project. 10-05-2020 – Requested additional information from contractor. Will follow up on status. Appears necessary to formally bid project. 11-17-2020 – Design and structural will be available in 2-3 weeks and then the construction will be formal bid. Award to CC on Jan. 26th. 12-01-2020 – Requested status of design. 01-04-2021 – Staff report to purchase materials and go out to bid being prepared for 01/12/2021 CC meeting. The project will include a HC swing at Richard Rollins Park. 02-02-2021 – Requesting bids on project. 02-23-2021 – Contract awarded to Jonescape for installation of poles and canopies. 05-12-2021 – Poles delivered to City. 07-2021 – Poles erected in park, survey data/ measurements given to sail fabricator – expect sail completion and delivery in 6-8 weeks. 10-05-2021 – Shade sails arrived ahead of schedule, installation with contractor (Jonescape) pending. 11-05-2021 – Shade sails installed. Project complete. Not for Public Distribution C.5.b Packet Pg. 158 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Development Plans Ongoing staff effort for review and processing development projects Luis Gardea Weekly – Review plans for conditions compliance and corrections to provide back to applicant within the prescribed time frame. Review and process permits for issuance on a weekly basis. 04-28-2020 – Review bond release for street improvements on TR 18071. 06-05-2020 – Review Edwin Fuels resubmittal, draft conditions of approval. 10-02-2020 – Bond released for street improvements on TR 18071. 03-04-2021 – Review of Gateway SP regional drainage master plan. 03-29-2021 – Met with applicant on DAB 21-02. 04-02-2021 – Met with applicant APN 1178-251-01. 04-16-2021 – Met with Taco Bell developer. 04-19-2021 – Met with Gateway SP developer. 07-2021 – Met with Grand T-1 Developer 08-2021 – Met with Rosedale Tract Developer 08-2021 – Met with Lewis Group. 10-05-2021 – Development plans continue to be submitted to the City, as time permits, grading, storm drain, street improvement plans are reviewed. 11-05-2021 – Reviewed street, grading plans for Grand T- 1 plans/reviewed battery storage preliminary plans. 02-08-2022 – Met with Interwest Consulting Group to discuss MP corrections. 03-04-2022 – Met with Rosedale Tract Developer 04-29-2022 – Inspection performed for street, grading improvements for Grand T-1 05-04-2022 – Met with applicant, APN 1178-251-01 to discussed plan conditions/approval process. 05-06-2022 – Met with Lewis Group Not for Public Distribution C.5.b Packet Pg. 159 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 West Barton Bridge Replacement City of Colton is lead. Staff time to participate in project development and document review. Shanita Tillman The design phase of the project began in June 2019. Once formal documents were executed the Project Design Kickoff meeting was held, which was in November 2019. Currently the technical studies are underway including Biological, Archaeological, noise, traffic, and others. The next PDT meeting will be in May 2020. It is estimated that the project will start construction of the new road June 2021. 05-12-2020 – Agreement execution on Council agenda. 05-11-2020 – Preliminary plans done, technical studies continuing. 08-20-2020 – Project Delivery Agreement update to Caltrans. 09-30-2020 – Received message the project has been reprogrammed to City of Colton when questioning status of Caltrans or CTC signed PDA. 11-17-2020 – Received tentative timeline from project manager. 04-07-2021 – Project Meeting – Updated Schedule Milestones: PAED – July 2021, Final Engineering – May 2022, ROW – December 2022, Start Construction – March 2023, Completion – February 2024. 08-2021 – 65% Plans prepared, staff reviewing plans. Environmental clearance anticipated soon. 10-05-2021 – 65% plans prepared, staff reviewing plans. Environmental clearance anticipated soon. 12-20-2021 – City of Colton issued Relocation Claim Letter to relocate conflicting utilities. Not for Public Distribution C.5.b Packet Pg. 160 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 05/28/2020 Highway Safety Improvement Program Cycle 9 Guardrail Shanita Tillman 03-10-2020 – Processed Supplemental Agreement with Caltrans. 05-01-2020 – Requested project schedule from consultant. 10-26-2020 – Consultant advertised RFP for guardrail design, but no proposals submitted. 12-01-2020 – Separate out two items. Guardrail item is going to TKE for a proposal. 01-04-2021 – Received proposal for over $60k from TKE, about double of the original estimate. Evaluating how to manage with consultant. 02-02-2021 – Negotiating with TKE. 02-22-2021 – Assigned project to Lynn Merrill & Associates. 10-05-2021 - Caltrans approved Preliminary Environmental Study/NEPA Categorical exemption. Need to secure design consultant, awaiting scope and fee from Civil Consultant. 11-05-2021 – Contract extension for Lynn Merrill scheduled for 11/09/2021 CC Meeting. 05-04-2022 – City is working with Caltrans to modify the scope of the project and request extension. Not for Public Distribution C.5.b Packet Pg. 161 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments Highway Safety Improvement Program Cycle 9 Mt. Vernon Intersection Safety Improvements Shanita Tillman 08-20-2020 – Requesting change order to utilize full HSIP funding of $398,000, City Council item. 10-05-2020 – HR Green getting change order approvals and having contractor mobilize. 10-26-2020 – Approval of change orders, Caltrans invoice submittal. 12-08-2020 – Intersections being crack filled and slurried. Preparing for Caltrans audit to be held Wednesday. Thermoplastic striping remaining. 01-04-2021 – Project complete. HR Green responding to Caltrans audit. Invoices from contractor received, going to CC with Notice of Completion 01-12-2021. 04-22-2021 – Audit Meeting with Caltrans & HR Green to resolve remaining issues. 08-2021 – Staff collaborating with consultant to final project. Awaiting supplemental invoices from contractor. Contract Change Orders prepared, will sign as soon as contractor approves them. 11-05-2021 – Final retention payment made. Project closed. 05/28/2020 Parking City Wide Strategy Shanita Tillman 07-03-2019 – Provided plan to address parking citywide. Draft request for proposals for a citywide parking strategy. 05/28/2020 Support for Community Events Shanita Tillman 04-27-2022 – Rabies Vaccination Clinic scheduled June 12, 2022, at the COGT Dog Park 04-28-2022 – Memorial Day Celebration scheduled May 30, 2022, at Veteran’s Freedom Park 05-04-2022 – Community Day scheduled June 4, 2022, at Richard Rollins Park. 05/28/2020 Storm Drain Master Plan Shanita Tillman 05-04-2022 – Existing storm drain master plan was developed by Willdan Engineering on 10/06/2010. City will work with Houston & Harris to clean storm drains as funding becomes available. Not for Public Distribution C.5.b Packet Pg. 162 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Fire Station Roof Repair The City owns the Fire Station, and it is leased to the County while they are providing service. Shanita Tillman City is currently in lease re-negotiations with San Bernardino County Fire. Currently County Fire pays $1.00, and the City pays for all repairs. Based on quotes that we received, staff estimates the cost of roof replacement to be between $15,000 and $30,000. Our goal is to utilize some of the proceeds gained from the Fire station lease to repair and maintain the building to protect the asset. 05-03-2022 – Fire station is being sold to San Bernardino County Fire Department and is undergoing the transfer. PUBLIC WORKS MAINTENANCE 6/12/2019 Traffic signal/Street light Can the City enforce Wireless Telecommunications Facilities to install lights on poles if they install new poles for its wireless facilities Shanita Tillman One aspect of Signal/Lighting is to expand the streetlights in the City. In April 2019, the City adopted an ordinance for small wireless facilities in the right-of way. As the applications are submitted, staff will review the applications to determine if this is an existing or new site and request lighting be added on the pole. The City would have to pay the lighting cost. 04-06-2020 – Staff is also looking at using solar lighting. This will reduce the assessment when annexing to the LLMD for neighborhoods wanting to add streetlights. 05-01-2020 – Contacted vendor for opportunity to get a prototype of solar streetlight installed. 08-20-2020 – Four (4) permanent solar streetlights are being installed as part of the HSIP funded project. These solar streetlights will be compared to typical streetlight standards to determine best approach for neighborhoods wanting to add streetlights. 05-04-2022 – City will communicate with SCE to address installing new light poles as funding becomes available. Not for Public Distribution C.5.b Packet Pg. 163 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 6/12/2019 Street, Sidewalk, Curb and Parkway Street maintenance is ongoing and addressed daily for immediate items and weekly for potholes and signs, and quarterly for parkway landscaping Shanita Tillman In 2018 the City completed a sidewalk repair project. It included sidewalk issues on the streets that were part of the CIP as well as reported locations throughout the City. Also, and assessment study was done to address issues for the next CIP. 04-06-2020 – Staff checking budget for a project to address issues citywide. 05-26-2020 – City begins budget hearings and will consider MOE for next fiscal year. 06-05-2020 – Review list of sidewalk issues and provide estimated cost for project. 08-20-2020 – Contract to repair approximately 800 square feet of sidewalk and cross gutter is being issued. This will eliminate several trip hazards in the city. 09-14-2020 – Taking staff report to City Council to finish current repair list. 10-05-2020 – Informal bid policy is being prepared for 10/27/2020 Council meeting. Considering a master annual repair agreement for bidding. 11-17-2020 – Informal Bid Policy become effective December 10, 2020. 12-08-2020 – Requesting informal bids for concrete work. 01-04-2021 – Contractors not being responsive to request for pricing on small projects. 02-02-2021 – Requesting bids on various items of work. 10-05-2021 – Bids Received for asphalt & concrete repair. Remaining PO amount available until February 2022: Roquet: $9500 Hardy/Harper: $8300 Jonescape: $14,700 10-14-2020 – Harper & Hardy Inc-repaired potholes along Barton Rd. 04-8-2021 – Roquet removed and replaced concrete on Oriole/De Berry St, 22583 Barton Rd, and Palm/Observation, and an asphalt grind at 22205 Fulmar Pl. 07-01-2021- Jonescape repaired (4) sidewalk panels along Van Buren, (2) driveway approaches on Finch, a cross gutter, and driveway approach on Brentwood, and sidewalk panel on Raven Way. 05-04-2022 – Staff will be soliciting bids for on-call asphalt and concrete repair services in June. 6/12/2019 Parks Park maintenance is ongoing and has daily effort for opening, refuge, and general cleanup as well as longer term efforts. Shanita Tillman In 2016 the City completed an assessment of existing parks, to identity improvements needed in various parks and for new parks. The City continues to review the report. The City replaced bark with rubberized surface, installed picnic benches made from recyclable material. Added the dog park and enhanced landscaping. Ongoing C.5.b Packet Pg. 164 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments maintenance occurs on regular basis. Including Graffiti removal and managing schedule changes and conflict with Leagues and Neighborhoods. The most pressing projects are getting camera system back up and running. Wi-Fi access for sports leagues, ADA accessible swing installation, investigation of permanent stage for community gather location and increased cooperation with leagues and neighbors. 03-20-2020 – Parks closed due to COVID-19. 05-07-2020 – Richard Rollins and Fitness parks to partially open. 05-14-2020 – Veterans Park open for pedestrian use and Dog Park opens Saturday, May 16, 2020. 05-15-2020 – In addition to maintenance, active projects are included on the Priority Projects List. 08-2021 – Staff Analyzing resident request to have the dog park opened half of Wednesdays (as opposed to having it closed all day on Wednesdays). 08-2021 – Rollins Park play structure damaged, requested quote to have it replaced, estimate is $9,300. Veterans Freedom Park play surface damaged, quote to repair is $2,250. 08-2021 – Staff performed park site visits and identified minor maintenance needs. List provided to maintenance staff to work on. 10-05-2021 – Staff performed park site visits and identified minor maintenance needs. List provided to maintenance staff to work on. Vandalism continues at Richard Rollins park, and staff continues to spend time in constant repairs and maintenance. Not for Public Distribution C.5.b Packet Pg. 165 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d Updated: May 19, 2022 CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 05/05/2022 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 08/11/2020 Traffic Circulation Study Shanita Tillman 08-20-2020 – COVID has made it difficult to collect meaningful traffic volume data. Typically, the date is collected on the weekdays while school is in session. Staff is pulling all historical data and will supplement with daily volumes as traffic returns to normal. Traffic counts are being planned this fall for new speed surveys that will also be incorporated into the study. A memo will be prepared detailing strategy. 10-05-2020 – A memo is being prepared recommending the City wait until traffic returns for circulation study. 10-13-2020 – City Council received and filed an update. PUBLIC SAFETY 05/28/2020 Protocols for Special Events & Seasonal Law Enforcement Needs Public Safety 05/28/2020 Public Education & Citizens Public Service Announcements Public Safety 04-20-2022 – Sponsored Coffee with a Cop to provide information to the residents. 05/28/2020 Stop the Bleed Public Safety 08-23-2021 – Program suspended until further notice due to pandemic. 05-03-2022 – Fire Department is in process of scheduling Stop the Bleed. Not for Public Distribution C.5.b Packet Pg. 166 At t a c h m e n t : A t t a c h m e n t I I - P r i o r i t y P r o j e c t L i s t 0 5 - 0 5 - 2 0 2 2 ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 2 2 - 2 3 R e v i e w a n d AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Approve Purchase of Laserfiche Quick Field & Zone OCR Validation Pack to the City's Current Electronic Content Management System PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: 1. Approve the Purchase of Laserfiche Quick Field & Zone OCR Validation Pack to the City's current Electronic Management System (one-time cost of $20,410.70), and related maintenance (additional annual cost of $4,500); and 2. Authorize the City Manager to sign related documents related to the above-mentioned purchase subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports the City Council Core Value of open and inclusive government and Goal #5 to engage in proactive communication by utilizing technology to disseminate information and engage the community. BACKGROUND: On September 12, 2017, staff presented to the City Council an Electronic Document Management System to provide electronic capture, management, collaboration, storage, preservation and delivery of records and electronically stored information to users in the City organization and to the community via web access. The implementation of the system increased transparency to the public and provides increased opportunity for the public to easily access public records. The City received three responses to its Request for Proposal and Complete Paperless Solutions – Laserfiche was selected for the purchase and installation of its Laserfiche Avante Electronic Content Management System (EDMS) in the amount of $28,527.00. DISCUSSION: The EDMS is currently available to each department which allows staff to scan department records into the system. The EDMS has additional modules available to reduce labor-intensive, error-prone manual sorting and data entry. Laserfiche Quick Fields and Zone OCR accelerates the C.6 Packet Pg. 167 flow of useful information in business operations, reducing labor costs and eliminating errors associated with manual data entry. This module will pull the information needed directly from the document which will eliminate manual data entry into the metadata fields. The system also will categorize and index the document without labor-intensive pre-sorting. The extracted information fills in the fields automatically creating folder structures and file documents while saving operator time. Laserfiche Quick Fields and Zone OCR has five (5) processes: Capture, Identify, Process, Review and Store which is more defined below: 1. Capture: o Laserfiche repositories o Scanners o Network Folders o Fax Servers 2. Identify: o Image data o Barcodes o Data from a third-party database o Document contents o Page size 3. Process: o Image enhancement o Image modification or deletion o Data extraction and validation o Annotations/Stamps 4. Review: o Image quality o Document content o Document name o Store location o Field data o Tags 5. Store: • Stores processed documents into Laserfiche The one time cost for the Laserfiche Quick Fields and Zone OCR Validation Pak for C.6 Packet Pg. 168 seven (7) licenses totals $20,410.70 and would be implemented beginning in July for the FY 2022/2023. There will be an increase to annual maintenance billing in the amount of $4,500.00 annually. Using the Laserfiche Quick Fields and Zone OCR module will reduce scanning and data entry time, which will allow the City to store more documents in a shorter period of time and electronically store those same records in a more efficient manner. FISCAL IMPACT: Laserfiche Quick Fields and Zone OCR is a one time cost of $20,410.70 which will be allocated into the FY 2022/2023 budget using ARPA Funds which was approved by the City Council on April 26, 2022. The annual $4,500.00 maintenance fee increase will need to be allocated beginning with the FY 2022/2023 budget. ATTACHMENTS: • Quote 2418 - 6QF + 7ZOCR (PDF) • Laserfiche Annual Maintenance Fee (PDF) APPROVALS: Debra Thomas Completed 05/13/2022 3:18 PM City Attorney Completed 05/17/2022 10:21 AM Finance Completed 05/17/2022 10:23 AM City Manager Completed 05/17/2022 2:51 PM City Council Pending 05/24/2022 6:00 PM C.6 Packet Pg. 169 Tax ID: 27-0926551 | Please Make Checks Payable to: Complete Paperless Solutions | Please Make Checks Payable to: Complete Paperless Solutions Complete Paperless Solutions 5130 E La Palma Av. Ste 206 Anaheim, CA 92807 (866)661-2425 cschott@cps247.com Quote ADDRESS Debra Thomas 22795 Barton Road Grand Terrace, CA 92413 QUOTE #2418 DATE 05/02/2022 DATE ACTIVITY QTY RATE AMOUNT MCQ01 Laserfiche Quick Fields 6 595.00 3,570.00 MCQC3 Laserfiche Zone OCR-Validation Pak 7 2,695.00 18,865.00 MCQ01B Laserfiche Silver LSAP Quick Fields 6 50.00 300.00 MCQC3B Laserfiche Bronze LSAP Zone OCR Validation Pak 7 233.3328571 1,633.33 SUBTOTAL 24,368.33 DISCOUNT -3,957.63 TAX 0.00 TOTAL $20,410.70 Accepted By Accepted Date C.6.a Packet Pg. 170 At t a c h m e n t : Q u o t e 2 4 1 8 - 6 Q F + 7 Z O C R ( L a s e r f i c h e Q u i c k F i e l d s & Z o n e O C R M o d u l e A d d i t i o n ) 1 Debra Thomas From:Claude Schott <cschott@cps247.com> Sent:Friday, May 13, 2022 8:50 AM To:Debra Thomas Subject:RE: Quote Good morning Debra and happy Friday!    Quote 2417 will be $3,840.00 and quote 2418 will be $4,500.00.     If you’ve got questions about Laserfiche Capture, Workflow, or how Laserfiche can automate your Public Records Requests, or support a Trusted System take a look at our webinars.     Thanks,    Claude Schott    P: 866‐661‐2425 |C: 760‐522‐5031 E: cschott@cps247.com | W: www.cps247.com        From: Debra Thomas <dthomas@grandterrace‐ca.gov>   Sent: Friday, May 13, 2022 8:37 AM  To: Claude Schott <cschott@cps247.com>  Subject: RE: Quote    Good Morning Claude,    Can you tell me what the recurrent maintenance cost would be for the two quotes?    Thank you.    Debra L. Thomas, CMC City Clerk, City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 p: 909.824.6621 x230 f: 909.824.6623 C.6.b Packet Pg. 171 At t a c h m e n t : L a s e r f i c h e A n n u a l M a i n t e n a n c e F e e ( L a s e r f i c h e Q u i c k F i e l d s & Z o n e O C R M o d u l e A d d i t i o n ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Award and Approval of Contract for Traffic Signal Maintenance and On-Call Emergency Services PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Adopt a Resolution rejecting the bid by Bear Electrical Solutions as non-responsive. 2. Award and Approve a Contractor Agreement to St. Francis Electric, LLC. for Traffic Signal Maintenance and On- Call Emergency Services in the amount of $20,000 per year with an initial term of 3 years and 2 options to extend of 1 year each. 3. Authorize City Manager to execute the Contractor Agreement with St. Francis Electric, LLC and to execute the 2 options to extend, subject to the City Attorney’s approval as to form. 2030 VISION STATEMENT: This staff report supports Goal #2 Maintain Public Safety BACKGROUND: On March 28, 2017, City Council approved a contractor agreement with St. Francis Electric, LLC for Traffic Signal Maintenance and On-Call Emergency Services. The agreement was executed for three (3) years with the provision of granting two (1) year extensions. In March 2022 the third amendment was expiring, and Council approved a fourth amendment extending the agreement until the until of fiscal year 2021-22. DISCUSSION: On April 15, 2022, Public Works Department issued a Notice Inviting Bids for Traffic Signal Maintenance and On-Call Emergency Services. The notice was posted to the City website sent directly to a bidder's list. By the deadline of the bid opening on April 29, 2022, three (3) bids were submitted. The companies and their base bids are as follows: Bid 1 St. Francis Electric, LLC - Riverside, CA $6,690.60/year Bid 2 Bear Electric Solutions - Alviso, CA $5,460.00/year Bid 3 Yunex Traffic - Riverside, CA $7,776.00/year C.7 Packet Pg. 172 Although Bear Electric Solutions appears to be the lowest bidder, the company did not acknowledge Addendum No. 2, which altered the scope of work from 7 signaled intersections to 9 intersections. Because Bear Electric Solutions did not acknowledge Addendum No. 2, it is recommended that their bid be rejected. St. Francis Electric, LLC was the lowest, responsive bidder. The firm's contractor's license is valid, and all references provided positive feedback. The references included: the City of Corona, Lancaster, Palm Springs, Rialto, and San Bernardino. The scope of work includes the following: quarterly, routine preventative maintenance that includes on-call services and extraordinary maintenance for the nine (9) City of Grand Terrace signalized intersections, synchronized signals, and safety lights; monthly inspections and night inspections; repair and replacement of traffic signal components; replacement of filters and loop detectors; and conflict monitor testing. Staff is recommending that Council award a Contractor Agreement to St. Francis, LLC for traffic signal maintenance and on-call services in an amount not to exceed $20,000 annually for an initial term of 3 years and 2 options to extend of 1 year each and, further, authorize the City Manager to execute the contract, subject to City Attorney approval as to form. FISCAL IMPACT: Sufficient funds are planned in the FY 2022-23 budget in the Traffic Signal Maintenance account to cover the $20,000 cost of the St. Francis Electric, LLC. contract for traffic signal maintenance and on-call emergency services. The designated account number is 16-510-255-000. ATTACHMENTS: • Traffic Signal Maintenance Bid Summary (PDF) • Resolution Rejecting Bear Electric Bid (DOCX) • Contractor Agreement (DOCX) • Bid Schedule (PDF) • NIB for Traffic Signal Maintenance and On Call Services 2022 (PDF) • St. Francis Electrical, LLC. Proposal (PDF) • Bid Addendum #1 for Traffic Signal Maintenance (PDF) • Bid Addendum #2 for Traffic Signal Maintenance (PDF) APPROVALS: Shanita Tillman Completed 05/11/2022 11:56 AM City Attorney Completed 05/17/2022 8:25 PM Finance Skipped 05/11/2022 11:57 AM C.7 Packet Pg. 173 City Manager Completed 05/18/2022 10:14 AM City Council Pending 05/24/2022 6:00 PM C.7 Packet Pg. 174 C.7.a Packet Pg. 175 At t a c h m e n t : T r a f f i c S i g n a l M a i n t e n a n c e B i d S u m m a r y ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0006/791397.1 RESOLUTION NO. 2022-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE REJECTING THE BID SUBMITTED BY BEAR ELECTRICAL SOLUTIONS, INC. TO PROVIDE TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES AS NONRESPONSIVE, AND MAKING FINDINGS RELATED THERETO WHEREAS, the City issued a notice inviting bids for traffic signal maintenance and on-call emergency services on April 15, 2022 (“Notice Inviting Bids”); WHEREAS, Addendum No. 1 to the Notice Inviting Bids was issued on April 22, 2022, which provided answers to questions by prospective bidders (“Addendum 1”); WHEREAS, Addendum No. 2 to the Notice Inviting Bids was issued on April 26, 2022, which answered additional questions from prospective bidders and provided an update and clarification that the base bid is to include a total of 9 signaled intersections (“Addendum 2”); WHEREAS, both Addendum 1 and Addendum 2 were provided to prospective bidders and, in particular, sent to Bear Electrical Solutions, Inc. (“Bear Electrical”) to robert@bear-electrical.com, which is the email address provided by Bear Electrical for such communications; WHEREAS, Bear Electrical submitted a bid dated April 26, 2022; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. Findings. In addition to the forgoing, the City Council finds as follows: A. The Notice Inviting Bids required bidders to state that they will perform the required work/services in strict conformity with all related documents, including all addenda issued (as more particularly described therein). However, Bear Electrical’s bid only provided the aforementioned statement in relation to Addendum 1. B. The Notice Inviting Bids required that bidders acknowledge receipt of all addenda issued in connection with the Notice Inviting Bids and that such addenda were included in the bid. However, Bear Electrical’s bid only provided the aforementioned acknowledgement in relation to Addendum 1. C. Based on the forgoing, Bear Electrical’s bid is therefore nonresponsive to the Notice Inviting Bids. Section 3. Rejection of Bear Electrical’s Bid. Based upon the forgoing, Bear Electrical’s bid is hereby rejected. Section 4. Effective Date. This Resolution shall immediately take effect upon C.7.b Packet Pg. 176 At t a c h m e n t : R e s o l u t i o n R e j e c t i n g B e a r E l e c t r i c B i d [ R e v i s i o n 1 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0006/791397.1 passage. PASSED, APPROVED and ORDERED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 24th day of May, 2022. Darcy McNaboe Mayor ATTEST: ________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney C.7.b Packet Pg. 177 At t a c h m e n t : R e s o l u t i o n R e j e c t i n g B e a r E l e c t r i c B i d [ R e v i s i o n 1 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 MAINTENANCE AND ON-CALL SERVICE AGREEMENT By and Between CITY OF GRAND TERRACE and ST. FRANCIS ELECTRIC, LLC. C.7.c Packet Pg. 178 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -1- 01247.0026/740766.2 AGREEMENT FOR MAINTENANCE AND ON-CALL SERVICES BETWEEN THE CITY OF GRAND TERRACE AND ST. FRANCIS ELECTRIC, LLC. This AGREEMENT FOR MAINTENANCE AND ON-CALL SERVICES BETWEEN THE CITY OF GRAND TERRACE AND ST. FRANCIS ELECTRIC, LLC. (herein “Agreement”) is made and entered into this ____ day of _______, 2022 by and between the City of GRAND TERRACE, a California municipal corporation (“City”) and ST. FRANCIS ELECTRIC, LLC., a California limited liability company (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all C.7.c Packet Pg. 179 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -2- 01247.0026/740766.2 materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contract Documents. The Scope of Work shall include the “General Provisions” and “Special Provisions” contained in as provided in this Agreement, all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified C.7.c Packet Pg. 180 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -3- 01247.0026/740766.2 in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor’s Authorized Initials ________ (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary C.7.c Packet Pg. 181 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -4- 01247.0026/740766.2 to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided C.7.c Packet Pg. 182 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -5- 01247.0026/740766.2 either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. C.7.c Packet Pg. 183 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -6- 01247.0026/740766.2 Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of C.7.c Packet Pg. 184 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -7- 01247.0026/740766.2 equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Thousand Dollars ($20,000) per year (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the C.7.c Packet Pg. 185 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -8- 01247.0026/740766.2 attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this C.7.c Packet Pg. 186 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -9- 01247.0026/740766.2 reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The Contract Officer, on behalf of the City, may extend the term of this Agreement in writing by two (2) terms of one (1) year each. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: C.7.c Packet Pg. 187 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -10- 01247.0026/740766.2 Corey R. Kirschner CEO, President, Vice President, Secretary, Treasurer (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required C.7.c Packet Pg. 188 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -11- 01247.0026/740766.2 herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. C.7.c Packet Pg. 189 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -12- 01247.0026/740766.2 (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. C.7.c Packet Pg. 190 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -13- 01247.0026/740766.2 (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured C.7.c Packet Pg. 191 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -14- 01247.0026/740766.2 against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: C.7.c Packet Pg. 192 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -15- 01247.0026/740766.2 (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. C.7.c Packet Pg. 193 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -16- 01247.0026/740766.2 ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. C.7.c Packet Pg. 194 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -17- 01247.0026/740766.2 Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District C.7.c Packet Pg. 195 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -18- 01247.0026/740766.2 Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other C.7.c Packet Pg. 196 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -19- 01247.0026/740766.2 provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be C.7.c Packet Pg. 197 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -20- 01247.0026/740766.2 specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which C.7.c Packet Pg. 198 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -21- 01247.0026/740766.2 may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.1 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.3 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City C.7.c Packet Pg. 199 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -22- 01247.0026/740766.2 Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of C.7.c Packet Pg. 200 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -23- 01247.0026/740766.2 “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] C.7.c Packet Pg. 201 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) -24- 01247.0026/740766.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ Konrad Bolowich, City Manager ATTEST: _____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _____________________________________ Adrian R. Guerra, City Attorney CONTRACTOR: ST. FRANCIS ELECTRIC, LLC. By: ___________________________________ Name: Title: By: ___________________________________ Name: Title: Address: Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. C.7.c Packet Pg. 202 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.7.c Packet Pg. 203 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.7.c Packet Pg. 204 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 A-1 EXHIBIT “A” SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in Exhibit A-1, including, but not limited to, the “General Provisions” and “Special Provisions” (as applicable). II. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. III. If applicable, Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. C.7.c Packet Pg. 205 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 EXHIBIT “A-1” C.7.c Packet Pg. 206 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 TRAFFIC SIGNAL MAINTENANCE AND ON-CALL SERVICES SCOPE OF SERVICES Traffic Signal Maintenance Contractor shall provide traffic signal maintenance services in the City of Grand Terrace, (“Traffic Signal Maintenance Services”) which shall include, but not be limited to, the following: I. General Services A. Comprehensive routine preventative maintenance program (as further detailed in the Sample Preventative Maintenance Program) that includes: on-call services and extraordinary maintenance for the City of Grand Terrace at signalized intersections, synchronized signals and safety lights. B. Provide preventative maintenance services on a monthly, quarterly, semi- annual and annual basis C. Design maintenance program to eliminate or reduce incidences of malfunctions, complaints and extend the useful life of the City’s traffic signal equipment through monthly inspection, testing, record keeping, cleaning, repair and replacement of equipment D. Assign a Service Manager dedicated to the City of Grand Terrace who will be responsible for maintaining communication with the City regarding operation and maintenance of all traffic signal equipment E. Notify the City of the scheduled dates for preventative maintenance prior to performing the service F. Note maintenance visits, findings and recommendations in an electronic database and on the City’s check list form. Send completed forms to the City each month. II. Monthly Inspections A. The preventative maintenance program (as further detailed in the Sample Preventative Maintenance Program) must include routine maintenance for traffic signals, monthly inspection, cleaning of cabinets, cleaning and realignment of signal indications, continuity checks, and the testing of the City’s interconnect or fiber optic system to maintain existing operation B. Inspect, clean, adjust and make a routine inspection of each traffic signal locations once per month. C. Technicians must maintain a record of each controller cabinet showing the date and time checked, and controllers will not be replaced, except for repair, without prior approval of the City of Grand Terrace. C.7.c Packet Pg. 207 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 D. Routine maintenance of safety lights will include one night-time inspection each month, as well as the replacement of lamps, photocells, ballasts and standard cobra fixtures within 5 working days of a notice of an outage. III. Repair and Replacement A. No upgrade work shall be commenced or undertaken unless authorized by the City. B. Repair or replace any and all defective parts of the signal system which cause signal failure or malfunction, as the need arises, at the contract price for labor, equipment and materials. C. Contractor will work within a timely manner, notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements and pending permanent repairs. IV. Traffic Signal Components A. Repair, replace or otherwise render in good working condition defective parts of the traffic signal control equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City B. Report defective or malfunctioning controller cabinet equipment to the City for approval to make necessary changes, and record changes on the maintenance log within the traffic signal controller cabinet. C. Items no longer covered under the manufacturer’s warranty will be repaired or replaced with working parts. D. Report to the City if a controller becomes obsolete or deteriorated to the point of being beyond repair, and provide an estimate for the replacement of the controller. Permanent replacement of the traffic signal controller will not be completed without approval of the City V. Loop Detector Replacement A, Notify the City within 48 hours of discovering detector loop failures, and prepare a written proposal with pricing to replace failed loops within 7 calendar days of a receipt of a notice to proceed from the City. VI. All Filters A. Replace the air filter elements in all cabinets so equipped every six (6) months in accordance with the organized schedule VII. Conflict Monitor C.7.c Packet Pg. 208 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 A. Test conflict monitors using ATSI or equivalent conflict monitor tester on an annual basis, and supply the City with a report for each test conducted. B. Testing will take place on a schedule approved by the City Public Works Director, or designee. C. Repair or replace any conflict monitor that does not pass testing and bill as extraordinary maintenance. VIII. Night-time Inspections A. Perform a night time inspection of all traffic signal safety lights and illuminated street name signs located on major arterial roadways once per month. Provide a report of outages found to the City and repair all outages within five (5) business days. C.7.c Packet Pg. 209 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 Extraordinary Maintenance/On-Call Services I. In addition to the Traffic Signal Maintenance Services, Contractor shall provide extraordinary maintenance (“Extraordinary Maintenance”) and on-call services (“On-Call Services”). Extraordinary Maintenance and On-Call Services includes, but are not limited to, the following: A. Repair damage relating to signal knockdowns, vandalism, or other activities B. Repair damages from natural disasters C. Repair of conduit and conductors damaged by construction activities D. Complete intersection re-wire (scheduled and emergency) E. Upgrade of equipment that has failed due to age or deterioration F. Replace LED modules and pedestrian indications G. Paint cabinet or signal head H. Replace lenses, detectors, video detection cameras, CCTV cameras I. Replace failed detector loops J. Install interconnect K. Respond to Underground Service Alert requests L. Assist in inspection of new installations II. On-Call Services Request Procedure A. Each task to be performed shall be set forth in a written request (“Request”) produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. B. Within 3 hours of receiving a Request, the Contractor shall prepare a “Task Proposal” that includes the following components: 1. a written description of the requested task (“Task Description”) including all components and subtasks, and including any clarifications of the descriptions provided in the Request; 2. the costs to perform the task (“Task Budget”); 3. an explanation of how the cost was determined; and C.7.c Packet Pg. 210 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 4. a schedule for completion of the task (“Task Completion Schedule”), including a final completion date (“Task Completion Date”). C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and issue a Notice to Proceed when a written agreement has been reached on the Task Proposal. D. The task shall be performed at a cost not exceeding the Task Budget. E. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date and in accordance with the Task Completion Schedule. III. Extraordinary Maintenance A. If during the performance or Traffic Signal Maintenance Services or On-Call Services, Contractor encounters a situation where Extraordinary Maintenance is needed, Contractor shall immediately contact and advise the Director of Public Works, or his or her designee, regarding the description and the need for Extraordinary Maintenance. Thereafter, the City Manager, or his or her designee, may request Extraordinary Maintenance utilizing the On-Call Services Request Procedure described above. B. If the City encounters a situation in which Extraordinary Maintenance is required, it may request Extraordinary Maintenance utilizing the On-Call Services Request Procedure described above. C. Contractor shall not perform any Extraordinary Maintenance without the approval of the Director of Public Works, or his or her designee. IV. Contractor acknowledges that City has no obligation to request On-Call Services or Extraordinary Maintenance from Contractor under this Agreement. City may establish a rotation schedule with multiple consultants, and may seek competing Task Proposals. C.7.c Packet Pg. 211 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 Sample Preventative Maintenance Program The selected firm will be required to provide preventive maintenance for the traffic signal equipment as listed in this Solicitation. The selected firm will be required to furnish and use a preventive maintenance checklist form approved by the City for each inspection. The selected firm will be required to provide one completed electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the maintenance checklist in the traffic signal controller cabinet, and to maintain a copy of the maintenance checklist at the Contractor's office of records. The selected firm will be required to follow a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the equipment. The program will include, but not be restricted to, the following: Routine Maintenance (Once a Month) • Preventive Maintenance (PM) Checklist Form: maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each traffic signal. The PM Checklist Form will be completely filled out during each maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.). • Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening. • Controller Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and to report the need to reseal the cabinet foundation as necessary. • Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration. • Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters. Take appropriate action based on the condition of the filter. • Cabinet Fan: Verify that cabinet fan(s) operate properly with a minimum of noise. • Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees. • Interior Light: Verify the proper operation of the cabinet's interior light. • Door Panel Harnesses: Check the harnesses leading from the main panel and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary. • Hinges and Locks: Check for free movement of all doors, latching assemblies C.7.c Packet Pg. 212 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. • Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet. • Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems shall be reported to the City. • Cabinet Grounding: Using appropriate equipment, check annually the resistance between AC and ground. • Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets. • Plug-In Components: Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely. • Ground Fault Receptacle: Verify the proper operation of "Test" and "Reset" buttons on GFCI type outlets. • Intersection Records: Ensure that all intersection cabinet wiring diagrams are present and up to date. • Controller Operation: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Confirm controller time and dates are correct. (Especially after day light savings time change). • Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in any CMU/MMU with an internal clock. • Detector Operation (inductive loops): Verify the detection zones for each detector by observing the turn-on of the appropriate detection indicator as a vehicle passes over the detector loop(s). Check also that a call is placed on the correct controller phase. • Detector Operation (video detection): Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller. • Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment are working properly. • Pre-Emption Devices: Test any pre-emption devices for proper operation. • System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately. • Battery Backup System: Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections. C.7.c Packet Pg. 213 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 • Check all battery connections to ensure they are clean and secure. • Safety Lighting (Night Check): Institute a routine night time check of safety lights and illuminated street name signs at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval. • Safety Lighting (Night Check): Includes but not limited to Safety Lighting on Barton Road Bridge or any other Safety Street Lighting which the City of Grand Terrace must maintained. Institute a routine night time check of safety lights every other month and submit a report and an estimate for any repairs necessary to the City for approval. Intersection Walk-Around (included as a part of Routine Maintenance once every two months): • General: Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment. • Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection. • Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary. Internally illuminated street name signs (llSNS): Verify that the IISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing. • Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc. Semi-Annual Maintenance: • Uninterrupted Power Supply (Backup) System: 1. Load-test all batteries .and record on paper and with silver marking pen on each battery the date and load test results. 2. Perform 15 minute test. 3. Verify bypass switch is operating properly 4. Verify unit is set for 50% fully operational and 50% red flash. 5. Inspect and test battery charging system. • Video Detection System: Clean and polish video detection camera lenses and service power supply cable. • Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs. C.7.c Packet Pg. 214 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 • Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. • Check all pull boxes for structural defects, insect or rodent infestations, and properly secured lids. • Verify timing charts to controllers. If they are not correct contact City staff to verify differences. • Report significant areas of rust on cabinet exterior and signal poles to City staff. Records: Intersection Records (a) Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list shall include the model, manufacture, serial number and quantity of each piece of equipment and installation date. The inventory list shall be continually updated and a copy shall be furnished to the City every six months. (b) Preventive Maintenance (PM) Checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each intersection. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.). Monthly Activity Report Provide a computerized monthly activity report to the City by the fifteenth working day of each month for the previous month. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail or on a media storage unit (CD or Flash Drive) and shall include the following: (a) Time the service calls were received, time arrived at the intersection, the response time, the number of hours spent for each repair, materials used, and a special listing of intersections with three or more calls in one month. (b) A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection. (c) Time and date the PM work was performed. Pending Repair List C.7.c Packet Pg. 215 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 Provide a monthly report of all pending repair work needed at each intersection. Compensation for all routine "Preventive Maintenance" work identified above will be paid at an established flat rate fee per intersection for those intersections maintained in any given month, in accordance with the Cost Proposal, Schedule A, included in this Solicitation and completed and returned by the selected firm in its Proposal. (For clarification, each intersection will be billed to the City no more than once every other month for routine preventive maintenance activities.) No additional or separate payment will be made for labor and materials, vehicles, equipment, or for daily travel time from the selected firm's base of operations to the City. The flat rate fee per intersection represents total compensation for all routine preventive maintenance work as described herein, unless additional or separate payment for repairs or unscheduled/emergency work is otherwise authorized. Special Note: The selected firm will be required to assign a sufficient number of traffic signal technicians to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal, as described in this Solicitation. The City expects traffic signal technicians to be regularly assigned to the City as necessary to provide routine preventive maintenance, and to respond to u nscheduled/emergency work ("Extra Work") during regular working hours (8:00 AM to 5:00 PM, Monday through Friday). An inability to provide maintenance to each traffic signal every other month may cause the selected firm to be subject to liquidated damages. Traffic Signal Interconnect Systems Provide a quarterly (i.e., every three months) systems check to ensure traffic signal interconnect systems function in accordance with the timing plans. Investigate and determine causes for any performance issues (e.g., faulty pedestrian bush buttons, faulty vehicle detection, faulty commu nication, etc.), and recommend appropriate repairs necessary for system operation in accordance with the timing plan. Repairs necessary to improve the function of traffic signal interconnect systems shall be compensated as "Extra Work". Special Note: Maintenance of the traffic signal interconnects systems is a critical component of the City's desired services. The selected firm will be required to have qualified traffic signal technicians that have demonstrated experience in maintaining traffic signal interconnect systems, with a proven ability to troubleshoot and diagnose problems with the efficient operation of these systems. Compensation for all traffic signal interconnect systems maintenance work identified above will be considered as included the established flat rate fee paid per intersection for routine "Preventive Maintenance" work, in accordance with the Cost Proposal , Schedule A, included in this Solicitation and completed and returned by the selected firm in its Proposal. No additional or separate payment will be made for monitoring the function and operation of traffic signal interconnects systems. Compensation for any necessary repairs to traffic signal interconnect systems will be paid as "Extra Work". C.7.c Packet Pg. 216 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 Underground Service Alert (Dig Alert) Monitoring The selected firm will be required to adequately mark all traffic signal conduit and equipment on behalf of the City in accordance with California Government Code Section 4216 et seq. The City's designated representative will monitor notifications submitted by Underground Service Alert (USA) to the City, and will furnish applicable notifications to a representative of the selected firm to coordinate the marking of any signalized intersections that may be scheduled for construction work or excavations as evidenced by notification from USA. The selected firm shall establish a process for monitoring and tracking the marking of any affected intersection s; an intersection record log shall be created, with the USA notification and corresponding action noted in the controller, with a copy provided to the City. The selected firm shall assume all liability for satisfying the City's obligations to adequately identify u nderground structures in accordance with this law. Compensation for providing USA - Dig Alert services identified above will be paid at a flat rate per occurrence in accordance with the Cost Proposal, Schedule A, included in this Solicitation and completed and returned by the selected firm in its Proposal. No additional or separate payment will be made for daily travel time from the selected firm's base of operations to the City. C.7.c Packet Pg. 217 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) C.7.c Packet Pg. 218 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall be compensated $6,690.60 per year for the performance of Traffic Signal Maintenance Services as shown in the “Base Bid” section of the Bid Schedule provided in Exhibit C-1. II. Contractor shall perform On-Call Services and Extraordinary Maintenance at the rates provided in the “Additive Bid – Labor and Equipment Rates” and “Additive Bid – Additional Work” sections of the Bid Schedule provided in Exhibit C-1. However, the City does not expressly or by implication agree that the actual amount of work will correspond with quantities given in Exhibit C-1, but reserves the right to increase or decrease the amount of any class or portion as deemed necessary or advisable by the Contract Officer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified. III. Within the budgeted amounts for each item above, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $20,000 per year as provided in Section 2.1 of this Agreement. C.7.c Packet Pg. 219 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 EXHIBIT C-1 BID SCHEDULE C.7.c Packet Pg. 220 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) 01247.0026/740766.2 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit A. Further, Contractor shall perform all work timely and in accordance with a Project Schedule to be developed by Contractor and the Contract Officer and subject to written approval by the Contract Officer. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. C.7.c Packet Pg. 221 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t [ R e v i s i o n 5 ] ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.d Packet Pg. 222 At t a c h m e n t : B i d S c h e d u l e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.d Packet Pg. 223 At t a c h m e n t : B i d S c h e d u l e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) CITY OF GRAND TERRACE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR TRAFFIC SIGNAL MAINTENANCE & ON-CALL EMERGENCY SERVICES April 2022 [Editor’s Note: Timeline Dates below are Subject to Change] •Issuance of Bid by City •Deadline Questions/Clarification Requests •Deadline for Submitting Complete Proposals •Presentation to City Council for Final Approval Friday, April 15, 2022 Friday, April 22, 2022 (5:00 p.m.) Friday, April 29, 2022 (11:00 a.m.) Tuesday, May 24, 2022 (6:00 p.m) C.7.e Packet Pg. 224 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TABLE OF CONTENTS SECTION PAGE NOTICE INVITING BIDS ........................................................................................................ A-1 INSTRUCTIONS TO BIDDERS .............................................................................................. B-1 PROPOSAL DOCUMENTS Proposal................................................................................................................... ..... C-1 Bidding Schedule .............................................................................................. ........... C-5 Addenda Acknowledgement.......................................................................................... C-7 Bidders Information ..................................................................................................... C-8 Designation of Subcontractors ..................................................................................... C-10 References .................................................................................................................. C-11 Non-Collusion Affidavit ................................................................................................ C-12 Form of Bid Bond........................................................................................................... C-13 CONTRACT AGREEMENT Contract Agreement................................................................................................... ... D-1 Faithful Performance Bond.......................................................................................... .. D-9 Labor And Material Bond.............................................................................................. . D-11 Worker's Compensation Insurance Certificate............................................................. . D-14 SPECIAL PROVISIONS SIGNALS, LIGHTING, & ELECTRICAL SYSTEMS…………………………………… .. SP-5 SOLAR POWERED FLASHING BEACON SYSTEM SPECIFICATIONS……………. SP-8 EXHIBIT A SCOPE OF WORK with Sample Preventative Maintenance Program C.7.e Packet Pg. 225 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) A-1 NOTICE INVITING BIDS (TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES) NOTICE IS HEREBY GIVEN that the City Clerk, on behalf of and as authorized by the City Council of the City of Grand Terrace (hereinafter referred to as the "City"), will receive sealed bids at 22795 Barton Road Grand Terrace, California, 92313 in care of the City Clerk, until 11:00 a.m. on Friday, April 29, 2022 for traffic signal maintenance and on-call emergency services within the City of Grand Terrace designated as: TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES BID NO. 22-02 A pre-bid conference will not be held for this project. At the time designated for receiving sealed bids on said Project, the bids will be publicly opened, examined and read aloud. All bids must be in writing, must be sealed in an opaque envelope, and addressed to the City, c/o City Clerk, and delivered or mailed to the City at 22795 Barton Road Grand Terrace, California 92313 in care of the City Clerk. The envelope shall be plainly marked in the upper left-hand corner as follows: ATTENTION: CITY OF GRAND TERRACE c/o CITY CLERK (BIDDER'S NAME AND ADDRESS) BID FOR: TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES Contractor must have Class A or C10 Electrical Contractor License Engineer’s Estimate: $20,000 annually Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned, unopened, to the bidder. This project involves traffic signal maintenance and on-call emergency services throughout the City of Grand Terrace. The work shall be done under the supervision of the Director of Public Works / City Engineer and no work or portion of the work shall be paid for until it is approved for payment by the Director of Public Works / City Engineer, but this shall not prevent approval of and payment for completed portions of the work as it progresses, payment acceptance of these portions or of the completed project. Each bidder must submit a proposal to the City, c/o City Clerk, on standard forms C.7.e Packet Pg. 226 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) A-2 provided in the bid package. Said proposal is to be accompanied by a cash deposit, a certified or cashier’s check, or a bid bond, made payable to the City, in an amount not less than 10 percent of the total bid submitted. Said cash deposit or check shall be forfeited or said bond shall become payable in the event the bidder depositing the same does not within ten (10) calendar days after written notice execute the Contract. The successful bidder will be required to furnish with the Contract a Faithful Performance Bond in the amount of 100 percent of the Contract price, and a Payment Bond in the amount of 100 percent of the Contract price. The successful bidder will also be required to furnish certificates of insurance evidencing that all insurance coverage as required by the Specification has been so secured. The Contractor may, at Contractor’s sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. Such securities, if deposited by the Contractor, will be valued by the City, whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 and Government Code Section 4590. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City’s attorney. The City reserves the right to waive any informalities or irregularities or to reject any or all bids, or any portions of any bid, or to reject and then negotiate the amount and/or terms of any bid with any bidder, and to be the sole judge of the merits of the respective bids received. The award of Contract, if made, will be on the basis of the lowest cost to the City to a responsible bidder whose proposal complies with all the prescribed requirements. No bidder may withdraw his bid for a period of thirty (30) days after the bid opening. Contract Documents, including the Plans and Specifications, may be examined at the City of Grand Terrace Public Works Department located at 22795 Barton Road, Grand Terrace, CA 92313 or may be obtained by email request to Shanita Tillman, Management Analyst, at stillman@grandterrace-ca.gov. Any questions regarding the bid documents should be directed via e-mail to the Management Analyst, Shanita Tillman. stillman@grandterrace-ca.gov. The successful bidder will be required to pay not less than the prevailing wage scale, determined by the Director of the California Department of Industrial Relations, copies of which scale are on file in the office of the City Clerk and the office of the Director of Public Works / City Engineer, and which shall be made available to any interested party upon request. C.7.e Packet Pg. 227 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) A-3 Effective January 1, 2015, in order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. See the Special Provisions for additional details. The Contractor shall execute the Contract and shall secure all insurance and bonds required within ten (10) calendar days after the Contractor has been notified in writing of the award of the Contract. Payments will be made in cash to the Contractor in accordance with the provisions of the Specifications and on itemized estimates duly certified and approved by the Director of Public Works / City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the Contractor. City of Grand Terrace BY: (Date) Debra Thomas, City Clerk April 15, 2022 C.7.e Packet Pg. 228 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-1 INSTRUCTIONS TO BIDDERS CITY OF GRAND TERRACE BID NO: 22-02 CITY CLERK'S OFFICE DUE: April 29, 2022 22795 BARTON ROAD at 11:00 A.M. GRAND TERRACE, CA 92313 Submit bid in sealed envelope as indicated on the cover sheet BIDS NOT DELIVERED PRIOR TO THE HOUR INDICATED WILL BE REJECTED WE ARE PLEASED TO ISSUE THE ENCLOSED SPECIFICATIONS FOR YOUR CONSIDERATION FORM OF PROPOSAL: The bidder shall submit a complete proposal which will include this set of Specifications and any other documents required by these Specifications. The complete proposal shall be enclosed in a sealed envelope bearing the name of the bidder and of the project. In the event there is more than one bidding schedule, the bidder may bid on any individual schedule or on any combination of schedules. All quotations must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. Prices quoted by the bidder shall be exclusive of Federal Excise Taxes pursuant to exemption of political subdivision of a State by Federal Law. Prices quoted by the bidder shall mean total cost to the City, Freight on Board, delivered to the City of Grand Terrace. ADDENDA: Any addenda issued during the time of bidding forming a part of the documents shall be acknowledged on the next page of the Bidding Schedule Section C and will be made a part of the Contract. DELIVERY OF PROPOSAL: The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposal will be returned to the bidder unopened. WITHDRAWAL OF PROPOSAL: If for any reason you do not wish to bid on the project, mark NO BID and state your reasons for not bidding at this time. This withdrawal request must be signed by the bidder or his authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of proposals. By following the necessary withdrawal procedures, you will enhance our efforts to keep our bidders list current. The withdrawal of a proposal shall not prejudice the right of a bidder to file a new proposal. OPENING OF PROPOSALS: The proposals will be publicly opened and read at the time and place stipulated in the Notice Inviting Bids. The City Council of the City of Grand Terrace reserves the right to reject any and all proposals and/or waive any informalities thereon. C.7.e Packet Pg. 229 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-2 We hope you will attend our formal bid opening and obtain the results as we are unable to complete our evaluation and furnish this information by phone until noon the following day. The complete proposal including proposal guaranty shall be enclosed in sealed envelope, endorsed with the bidder's company name and address on the upper left corner, the bid number, name of project, hour and date of bid opening as shown in Notice Inviting Bids and the words "Sealed Bid". Sealed bids shall be addressed to the City of Grand Terrace c/o City Clerk, 22795 Barton Road, Grand Terrace, California 92313. MODIFICATIONS AND ALTERNATIVE PROPOSAL: Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specified. Oral, telegraphic, or telephonic proposals or modifications will not be considered. The City of Grand Terrace cannot honor any explanation or changes in the bid documents unless written addendum has been issued. DISCREPANCIES IN PROPOSALS: In the event there is more than one bid item in a bidding schedule, the bidder shall furnish a price for all bid items in the schedule, and failure to do so will render the proposal informal and may cause its rejection. In the event there are unit price bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected. PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than 10 percent of the total amount named in the proposal. Said check or bond shall be made payable to the City and shall be given as a guarantee that the bidder, if awarded the work, will enter into a Contract within 15 calendar days after receipt of the Contract from the City, and will furnish the necessary insurance certificates, faithful performance bond, and labor and material bond; each of said bonds to be in the amount stated in the Notice Inviting Bids. In case of refusal or failure to enter into said Contract, the check or bid bond, as the case may be, shall be forfeited to the City. If the bidder elects to furnish a bid bond as his proposal guarantee, he shall use the bid bond form bound herein, or one conforming substantially to it in form. BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, bidder shall carefully examine the drawings, specifications, and other Contract Documents, and shall visit the site of the work. It will be assumed that the bidder is familiar with existing site conditions and has a clear understanding of the requirements of the Contract regarding the furnishing of materials and performance of work. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied with the character, quality, quantities of work to be performed and materials to be furnished. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as of recent date on the form C.7.e Packet Pg. 230 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-3 entitled "INFORMATION REQUIRED OF BIDDER", bound herein. The bidder shall have recently completed not less than 3 projects of similar type and complexity. No proposal for the work will be accepted from a Contractor who is not licensed in accordance with applicable state law. CONTRACTOR'S LICENSING LAWS: In all State projects where Federal funds are involved, no bid submitted shall be invalidated by the laws of this State. However, at the time the Contract is awarded, the Contractor shall be properly licensed in accordance with the laws of this State. The first payment for work or material under any contract shall not be made by the Controller unless and until the Registrar of Contractors certifies to the Controller that the records of the Contractors State License Board indicate that the Contractor was properly licensed at the time the Contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors State License Board. The department shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a Contract shall constitute a failure to execute the Contract as provided in Section 10181 and shall result in the forfeiture of the security of the bidder. DIR REQUIREMENTS: In order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. Contractors and subcontractors are to submit electronic payroll records to the DIR's Compliance Monitoring Unit (CMU), in addition to providing wet-ink original copies to the City or its designated labor compliance officer. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No proposal will be accepted from a Contractor who is not licensed in accordance with the provision of Chapter 9 of Division III of the Business and Profession Code. RETURN OF PROPOSAL GUARANTY: The City will return the proposal guarantees accompanying each of the proposals which are not used in making the award once the Contract has been finally executed. AWARD OF CONTRACT: Award of a Contract, if it is awarded, will be based primarily on the lowest overall cost (total project with additive bids) to the City, and will be made to a responsible bidder whose proposal complies with all the requirements prescribed. Preference will be given by the City of Grand Terrace to the lowest responsible bidder furnishing products made in the continental United States. Where the price of an acceptable American made product is within 5% of a non-American made product, award will be made to the domestic manufacturer. C.7.e Packet Pg. 231 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-4 Evaluation of the bidder's experience and additional information requested on the form "INFORMATION REQUIRED OF BIDDERS", bound herein, also will be a determining factor in arriving at an award. Any such award will be made within 60 calendar days after opening of the proposals. Unless otherwise indicated, a single award will not be made for less than all the bid items in an individual bidding schedule. In the event there is more than one bidding schedule, the City may award schedules individually or in combination. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interests of the City. BUY AMERICA REQUIREMENTS: Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for cement and steel materials furnished for incorporation into the work on this project shall occur in the United States. The requirements imposed by said law and regulations do not prevent a minimal use of foreign cement or steel materials if the cost of such materials used does not exceed one-tenth of 1 percent (0.1%) of the total Contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign cement or steel prior to incorporating such materials into the work. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written Contract with the City on the form of agreement provided, shall secure all insurance and shall furnish all certificates and bonds required by the Specifications within 10 calendar days after receipt of the Contract from the City. No Contract shall be binding upon the City until the City Attorney has approved the Contract execution between the City and Contractor. Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest bidder to execute the Contract; such bidder's guarantees shall be likewise forfeited to the City. TIME OF COMPLETION: The Contractor shall be allotted the number of working days as specified in the Agreement to complete the work to the satisfaction of the City. C.7.e Packet Pg. 232 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-1 PROPOSAL FOR TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES Bids due no later than 11:00 AM on Friday, April 29, 2022 at the office of the City Clerk. TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the "CITY". Pursuant to and in compliance with your Notice to Contractors calling for Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: “TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES”. All in strict conformity with the specifications and other Contract Documents, including Addenda No. , and , on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of: (SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS) COMPANY NAME _________________________________________________________________ TITLE CITY ZIP CODE TELEPHONE ( ______ ) _____________ ____________________ CONTRACTOR’S LICENSE NO. DIR REGISTRATION NO. C.7.e Packet Pg. 233 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-2 DATE BIDDER’S NAME, ADDRESS & PHONE CONTRACTOR’S LICENSE NO. CITY BUSINESS LICENSE NO. (if available) __________________________________ CORPORATE SEAL Corporation incorporated under the State of TELEPHONE: ____________________ (Area Code) BY: Signature Print or type name TITLE: Names and addresses of all members of co-partnership or names and titles of all officers of the corporation: C.7.e Packet Pg. 234 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-5 BID SCHEDULE FOR TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES BIDDER:_____________________________________________ (Company Name) BASE BID ITEM NO. DESCRIPTION OF ITEMS ESTIMATED QUANTITY UNIT PRICE IN WORDS UNIT PRICE TOTAL COST 1 Routine Maintenance 8 MONTHLY TOTAL ANNUAL TOTAL TOTAL BASE BID: (WORDS) $ (FIGURE) BASIS OF AWARD: THE CITY WILL MAKE AN AWARD TO THE LOWEST, RESPONSIVE/RESPONSIBLE BIDDER. THE LOWEST, RESPONSIVE BIDDER WILL BE DETERMINED BY THE TOTAL BASE BID. ADDITIVE BID - LABOR AND EQUIPMENT RATES ITEM NO. DESCRIPTION OF ITEMS REGULAR TIME OVERTIME 1. Labor Hourly Rates 1a. Traffic Signal Maintenance Technician 1b. Laborer 1c. Licensed Senior Traffic Engineer 1d. Licensed Associate Traffic Engineer 1e. Traffic Engineering Technician 1f. Traffic Signal and Safety Light Inspector C.7.e Packet Pg. 235 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-6 2. Equipment Hourly Rates 2a. Bucket Truck 2b. Crane Truck ADDITIVE BID – ADDITIONAL WORK ITEM NO. DESCRIPTION OF ITEMS UNIT UNIT PRICE IN WORDS UNIT PRICE 1. Clean and Paint Traffic Signal Head and Framework Each 2. Clean and Paint Controller and Service Cabinet Each 3. Clean and Paint Pedestrian Buttons and Framework Each 4. Replace Type A Detector Loop (1 to 6 loops) Per Loop 5. Replace Type A Detector Loop (7 or more loops) Per Loop 6. Replace Type D Detector Loop (1 to 6 loops) Per Loop 7. Replace Type D Detector Loop (7 or more loops) Per Loop C.7.e Packet Pg. 236 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-7 ADDENDA ACKNOWLEDGMENT The undersigned acknowledges receipt of the following ADDENDA and the cost if any, or such revisions have been included in the TOTAL BID of the Bidding Schedule (s). ADDENDUM NO. _________________________________, DATED ______________ ADDENDUM NO. _________________________________, DATED ______________ ADDENDUM NO. _________________________________, DATED ______________ ADDENDUM NO. _________________________________, DATED ______________ Name of Bidder_________________________________________________________ Address ______________________________________________________________ State License No. _______________________ Telephone No. ___________________ By: _______________________________ Signature _______________________________ Title Date the ______ day of _________________, _______ C.7.e Packet Pg. 237 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone State Contractor's License No. Original Date Issued Expiration Date DIR Registration No. The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: C.7.e Packet Pg. 238 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-9 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforenamed principals this day of , 20 . BIDDER Subscribed and sworn to this day of , 20 . NOTARY PUBLIC C.7.e Packet Pg. 239 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-10 DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows: NAME, ADDRESS, TELEPHONE NUMBER, LICENSE NO., AND DIR REG NO. OF SUBCONTRACTORS ITEMS OF WORK Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer. C.7.e Packet Pg. 240 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-11 REFERENCES The Contractor shall list in the spaces provided below, not less than three comparable contracts which have been completed within the past two years. Contract Year(s) Type of Work Performed Annual Contract Amount Client/Agency Name Contact Name/Title Phone Number C.7.e Packet Pg. 241 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-12 NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA ) ) SS COUNTY OF ) (NAME), affiant being first duly sworn, deposes and says: that he or she is the of (sole owner, partner, other proper title) , the party making the foregoing bid and (Contracting Firm Name) that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Bidder's Name: Bidder's Address: Telephone No.: (Signature of Bidder) (Title) All signatures must be notarized and securely attached to this form. C.7.e Packet Pg. 242 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-13 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby and firmly bound unto as Owner in the penal sum of for the payment of which, will and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrator, successors and assigns. Signed this day of ,2022. The condition of the above obligation is such that whereas the Principal has submitted to certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES. NOW, THEREFORE, a.If said Bid shall be rejected, or in the alternate, b.If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform the agreement created by said Bid, then this obligation shall be void, otherwise, the same shall remain in force and effect; it is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. C.7.e Packet Pg. 243 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C-14 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. PRINCIPAL: BY: SEAL C.7.e Packet Pg. 244 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-1 CONTRACT AGREEMENT THIS CONTRACTORS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________2022, (“Effective Date”) by and between the CITY OF GRAND TERRACE (“City”), a public entity, and____________________________., ("Contractor"), a California Corporation. 1.Scope of Services. Contractor shall perform all the services as described as follows: a)For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Bidding Schedule of the City’s Specification, in accordance with the Specifications and Drawings therefor, to furnish at his own expense all labor, materials, equipment, tools and services necessary therefor, except those materials, equipment, tools and services as may be stipulated in said specification to be furnished by said City and to do everything required by this Agreement and the said Specifications and Drawings. b)The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of Bidder, Specification, Drawings, Exhibits and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. c)In entering into a Public Works Contract for a subcontract to supply goods, services or materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchases of goods, services, or materials pursuant to the Public Works Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 2.Term. This Agreement shall be effective on the date first written above and continue for a period of three years unless terminated earlier pursuant to provisions herein. A maximum of two one year extensions may be granted by the City. 3.Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed ____________________________. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof. 4.Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City To C.7.e Packet Pg. 245 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-2 City of Grand Terrace 22795 Barton Rd. Bldg. B Grand Terrace, CA 92313 5. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director’s determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Contractor shall exercise the reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contractor and timely completion of the Services. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City’s Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 13. Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Contractor and his employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Contractor to Contractors employees, subcontractors and agents. Contractor as an independent contractor shall be responsible for any and all taxes that apply to Contractor as an employer. 11. PERS Eligibility Indemnity. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or C.7.e Packet Pg. 246 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-3 subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 12.2 Attorney’s Fees. The parties expressly agree that any payment, attorneys’ fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13. Insurance. 13.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverage’s in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverage’s may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 13.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such C.7.e Packet Pg. 247 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-4 additional insurance coverage as deems adequate, at Contractor's sole expense. 13.2 Workers’ Compensation Insurance: By executing this Agreement, certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers’ Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self- insured for such coverage, or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City and the City, and its officers, employees and agents, shall be named as additional insured’s under the Contractor’s insurance policies. 13.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent ’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, owned vehicles, leased vehicles, Contractor’s employee vehicles, non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insured’s. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insures under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 13.4 Subcontractors’ Insurance. Contractor shall require all of its subcontractors to C.7.e Packet Pg. 248 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-5 carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors’ scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverage’s: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City’s request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverage’s required by this section. 14.Business Tax. Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15.Time of Essence. Time is of the essence for each and every provision of this Agreement. 16.City's Right to Employ Other. City reserves the right to employ other in connection with the Services. 17.Solicitation. Contractor warrants that they have not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18.General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 19.Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and the City. 20.Termination. City, by notifying Contractor in writing, shall have the right to terminate any or all of professional’s services and work covered by this Agreement at any time, with or without cause. In the event of such termination, Contractor may submit s final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City’s rights under Sections 16 and 21 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written notice prior to termination. 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in the event: C.7.e Packet Pg. 249 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-6 20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 20.2.2 City decides to abandon or postpone the Services. 21. Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by, Contractor either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with laws of the State of California. Prior to commencing suit in a court of competent jurisdiction, any controversy, dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 24. Alternative Dispute Resolution. In the event of any controversy, dispute or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, the matter shall be submitted to an alternative dispute resolution process, either nonbinding arbitration or mediation, (“Process”) by written notice from either party to the other. The parties shall meet and confer in good faith and select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected Process shall be completed no later than 120 days (“Process Period”) after tender of the aforementioned written notice, unless the Parties mutually agree to an extension of the Process Period. If the matter is not successfully resolved by the selected Process, within the Process Period, the parties are free to commence litigation in a court of competent jurisdiction as defined in Section 23 herein. Any litigation commenced without both parties’ consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties further agree to equally bear the cost of the Process. 25. Nondiscrimination. During Contractor’s performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, C.7.e Packet Pg. 250 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-7 sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Contractor acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body C.7.e Packet Pg. 251 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-8 By: _________________________ Konrad Bolowich City Manager Attest: ______________________ Debra Thomas City Clerk APPROVED AS TO FORM: _______________________ Adrian Guerra City Attorney COMPANY By: _____________________________________________ ________________________________________________ [Printed Name and Title] C.7.e Packet Pg. 252 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) D-14 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. DATE: (Contractor) (By) C.7.e Packet Pg. 253 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TRAFFIC SIGNAL MAINTENANCE SERVICES SP-15 SPECIAL PROVISIONS SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS All equipment, materials, and components for installation of solar powered flashing beacons shall conform to the 2010 Caltrans Standard Plans and Standard Specifications, Section 86, "Signals, Lighting, and Electrical Systems," except as noted in the Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. 86-1 GENERAL 86-1.03 Cost Breakdown. The cost breakdown shall be submitted to the Engineer in conjunction with equipment list and drawings. 86-1.04 Equipment List and Drawings. The equipment list shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. Materials lists, manufacturer's data, brochures, technical data, etc., shall be labeled and identified, and shall be submitted in bound booklet form. The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer. Said materials lists and samples shall be the basis for approval or rejection of work. 86-1.05 Warranties, Guarantees, and Instruction Sheets. The Contractor shall guarantee the entire work constructed under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at the Contractor’s expense, any repairs or replacements made necessary by defects in workmanship or materials that becomes evident within 1 year after acceptance of work by the Agency and to restore to full compliance with the requirements of these Specifications, any part of the work which during the 1-year period is found to be deficient with respect to any provision of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. C.7.e Packet Pg. 254 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TRAFFIC SIGNAL MAINTENANCE SERVICES SP-16 Whenever any work or equipment is to be guaranteed or maintained by a manufacturer, supplier, or subcontractor, said obligation shall be that of the Contractor. All guarantees shall be in writing and delivered to the Engineer by the Contractor prior to final acceptance of the work. Where the Contractor-installed facilities are damaged prior to final acceptance by the Engineer, the Contractor shall repair or replace such facilities at his own expense. 86-1.07 Scheduling of Work. No work shall commence and no material or equipment shall be stored at the jobsite until such time that the Contractor notifies the Engineer in writing of the date that all electrical materials and equipment are to be received. Upon receipt of said notification by the Engineer, the Contractor may commence work within 5-working days prior to said delivery date. The job site shall be maintained in a neat and orderly condition at all times and areas of sidewalk removal to be left open for less than 5 days shall be covered with plywood sheeting and barricades. Areas to be left open more than 5 days shall be patched with temporary AC pavement, smoothed to provide a level finished walking surface. All striping, pavement markings, and signing shall be in place prior to flashing beacon turn on. Turn on of the flashing beacon system shall not be made on a Friday or the day preceding a legal holiday, and will be permitted between the hours of 9 a.m. and 2 p.m. only. The City shall be notified 48 hours prior to the intended turn on. 86-2 MATERIALS AND INSTALLATION 86-2.01 Excavation and Backfilling. Excavation for foundations shall be hand dug until clear of obstructions. 86-4 TRAFFIC SIGNAL FACES AND FITTINGS 86-4.09 Flashing Beacons. Solar powered flashing beacons shall be Carmanah Model No. 247-E. All flashing beacons shall be 12” yellow LED per approved Caltrans specifications. 86-8 PAYMENT 86-8.01 Payment. The second paragraph of Section 86-8.01, "Payment," C.7.e Packet Pg. 255 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TRAFFIC SIGNAL MAINTENANCE SERVICES SP-17 of the State Standard Specifications, is superseded by the following: Payment for the installation of solar powered flashing beacons shall be included in the price bid for each solar powered flashing beacon installation as shown on the Plans, and no additional compensation will be allowed therefor. C.7.e Packet Pg. 256 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TRAFFIC SIGNAL MAINTENANCE AND ON-CALL SERVICES SCOPE OF SERVICES The City of Grand Terrace seeks to retain an electrical contractor for a period of three (3) years to provide traffic signal maintenance and on-call emergency services. The exact scope of services includes, but is not limited to the following: General Services • Comprehensive routine preventative maintenance program (as further detailed in the Sample Preventative Maintenance Program) that includes: on-call services and extraordinary maintenance for the City of Grand Terrace at signalized intersections, synchronized signals and safety lights • Provide preventative maintenance services on a monthly, quarterly, semi-annual and annual basis • Design maintenance program to eliminate or reduce incidences of malfunctions, complaints and extend the useful life of the City’s traffic signal equipment through monthly inspection, testing, record keeping, cleaning, repair and replacement of equipment • Assign a Service Manager dedicated to the City of Grand Terrace who will be responsible for maintaining communication with the City regarding operation and maintenance of all traffic signal equipment • Notify the City of the scheduled dates for preventative maintenance prior to performing the service • Note maintenance visits, findings and recommendations in an electronic database and on the City’s check list form. Send completed forms to the City each month. Monthly Inspections • The preventative maintenance program (as further detailed in the Sample Preventative Maintenance Program) must include routine maintenance for traffic signals, monthly inspection, cleaning of cabinets, cleaning and realignment of signal indications, continuity checks, and the testing of the City’s interconnect or fiber optic system to maintain existing operation • Inspect, clean, adjust and make a routine inspection of each traffic signal locations once per month. • Technicians must maintain a record of each controller cabinet showing the date and time checked, and controllers will not be replaced, except for repair, without prior approval of the City of Grand Terrace. • Routine maintenance of safety lights will include one night-time inspection each month, as well as the replacement of lamps, photocells, ballasts and standard cobra fixtures within 5 working days of a notice of an outage. Repair and Replacement • No upgrade work shall be commenced or undertaken unless authorized by the City. C.7.e Packet Pg. 257 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) • Repair or replace any and all defective parts of the signal system which cause signal failure or malfunction, as the need arises, at the contract price for labor, equipment and materials. • Contractor will work within a timely manner, notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements and pending permanent repairs. Traffic Signal Components • Repair, replace or otherwise render in good working condition defective parts of the traffic signal control equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City • Report defective or malfunctioning controller cabinet equipment to the City for approval to make necessary changes, and record changes on the maintenance log within the traffic signal controller cabinet. • Items no longer covered under the manufacturer’s warranty will be repaired or replaced with working parts. • Report to the City if a controller becomes obsolete or deteriorated to the point of being beyond repair, and provide an estimate for the replacement of the controller. Permanent replacement of the traffic signal controller will not be completed without approval of the City Loop Detector Replacement • Notify the City within 48 hours of discovering detector loop failures, and prepare a written proposal with pricing to replace failed loops within 7 calendar days of a receipt of a notice to proceed from the City. All Filters • Replace the air filter elements in all cabinets so equipped every six (6) months in accordance with the organized schedule Conflict Monitor • Test conflict monitors using ATSI or equivalent conflict monitor tester on an annual basis, and supply the City with a report for each test conducted. • Testing will take place on a schedule approved by the City Public Works Director, or designee. • Repair or replace any conflict monitor that does not pass testing and bill as extraordinary maintenance. Night-time Inspections • Perform a night time inspection of all traffic signal safety lights and illuminated street name signs located on major arterial roadways once per month. Provide a report of outages found to the City and repair all outages within five (5) business days. C.7.e Packet Pg. 258 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) Extraordinary Maintenance/On-Call Services In addition to the previously mentioned routine maintenance activities, Contractor will provide the City with extraordinary maintenance services on an as needed basis. Extraordinary maintenance may include, but is not limited to: • Repair damage relating to signal knockdowns, vandalism, or other activities • Repair damages from natural disasters • Repair of conduit and conductors damaged by construction activities • Complete intersection re-wire (scheduled and emergency) • Upgrade of equipment that has failed due to age or deterioration • Replace LED modules and pedestrian indications • Paint cabinet or signal head • Replace lenses, detectors, video detection cameras, CCTV cameras • Replace failed detector loops • Install interconnect • Respond to Underground Service Alert requests • Assist in inspection of new installations Contractor will not perform any extraordinary maintenance without approval of the Director of Public Works or his designee. If Contractor encounters a situation wherein extraordinary maintenance is needed, Contractor will supply the City with a description of the work required as well as a proposed estimate for approval. C.7.e Packet Pg. 259 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) Sample Preventative Maintenance Program The selected firm will be required to provide preventive maintenance for the traffic signal equipment as listed in this Solicitation. The selected firm will be required to furnish and use a preventive maintenance checklist form approved by the City for each inspection. The selected firm will be required to provide one completed electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the maintenance checklist in the traffic signal controller cabinet, and to maintain a copy of the maintenance checklist at the Contractor's office of records. The selected firm will be required to follow a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the equipment. The program will include, but not be restricted to, the following: Routine Maintenance (Once a Month) • Preventive Maintenance (PM) Checklist Form: maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each traffic signal. The PM Checklist Form will be completely filled out during each maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.). • Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening. • Controller Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and to report the need to reseal the cabinet foundation as necessary. • Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration. • Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters. Take appropriate action based on the condition of the filter. • Cabinet Fan: Verify that cabinet fan(s) operate properly with a minimum of noise. • Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees. • Interior Light: Verify the proper operation of the cabinet's interior light. • Door Panel Harnesses: Check the harnesses leading from the main panel and a uxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary. C.7.e Packet Pg. 260 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) • Hinges and Locks: Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. • Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet. • Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems shall be reported to the City. • Cabinet Grounding: Using appropriate equipment, check annually the resistance between AC and ground. • Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets. • Plug-In Components: Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely. • Ground Fault Receptacle: Verify the proper operation of "Test" and "Reset" buttons on GFCI type outlets. • Intersection Records: Ensure that all intersection cabinet wiring diagrams are present and up to date. • Controller Operation: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Confirm controller time and dates are correct. (Especially after day light savings time change). • Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in any CMU/MMU with an internal clock. • Detector Operation (inductive loops): Verify the detection zones for each detector by observing the turn-on of the appropriate detection indicator as a vehicle passes over the detector loop(s). Check also that a call is placed on the correct controller phase. • Detector Operation (video detection): Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller. • Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment are working properly. • Pre-Emption Devices: Test any pre-emption devices for proper operation. • System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately. • Battery Backup System: Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections. • Check all battery connections to ensure they are clean and secure. C.7.e Packet Pg. 261 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) • Safety Lighting (Night Check): Institute a routine night time check of safety lights and illuminated street name signs at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval. • Safety Lighting (Night Check): Includes but not limited to Safety Lighting on Barton Road Bridge or any other Safety Street Lighting which the City of Grand Terrace must maintained. Institute a routine night time check of safety lights every other month and submit a report and an estimate for any repairs necessary to the City for approval. Intersection Walk-Around (included as a part of Routine Maintenance once every two months): • General: Remove any easily removable, u nauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment. • Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection. • Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary. Internally illuminated street name signs (llSNS): Verify that the IISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing. • Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc. Semi-Annual Maintenance: • Uninterrupted Power Supply (Backup) System: 1. Load-test all batteries .and record on paper and with silver marking pen on each battery the date and load test results. 2. Perform 15 minute test. 3. Verify bypass switch is operating properly 4. Verify unit is set for 50% fully operational and 50% red flash. 5. Inspect and test battery charging system. • Video Detection System: Clean and polish video detection camera lenses and service power supply cable. • Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs. C.7.e Packet Pg. 262 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) • Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. • Check all pull boxes for structural defects, insect or rodent infestations, and properly secured lids. • Verify timing charts to controllers. If they are not correct contact City staff to verify differences. • Report significant areas of rust on cabinet exterior and signal poles to City staff. Records: Intersection Records (a) Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list shall include the model, manufacture, serial number and quantity of each piece of equipment and installation date. The inventory list shall be continually updated and a copy shall be furnished to the City every six months. (b) Preventive Maintenance (PM) Checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each intersection. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.). Monthly Activity Report Provide a computerized monthly activity report to the City by the fifteenth working day of each month for the previous month. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail or on a media storage unit (CD or Flash Drive) and shall include the following: (a) Time the service calls were received, time arrived at the intersection, the response time, the number of hours spent for each repair, materials used, and a special listing of intersections with three or more calls in one month. (b) A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection. (c) Time and date the PM work was performed. Pending Repair List C.7.e Packet Pg. 263 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) Provide a monthly report of all pending repair work needed at each intersection. Compensation for all routine "Preventive Maintenance" work identified above will be paid at an established flat rate fee per intersection for those intersections maintained in any given month, in accordance with the Cost Proposal, Schedule A, included in this Solicitation and completed and returned by the selected firm in its Proposal. (For clarification, each intersection will be billed to the City no more than once every other month for routine preventive maintenance activities.) No additional or separate payment will be made for labor and materials, vehicles, equipment, or for daily travel time from the selected firm's base of operations to the City. The flat rate fee per intersection represents total compensation for all routine preventive maintenance work as described herein, unless additional or separate payment for repairs or unscheduled/emergency work is otherwise authorized. Special Note: The selected firm will be required to assign a sufficient number of traffic signal technicians to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal, as described in this Solicitation. The City expects traffic signal technicians to be regularly assigned to the City as necessary to provide routine preventive maintenance, and to respond to u nscheduled/emergency work ("Extra Work") during regular working hours (8:00 AM to 5:00 PM, Monday through Friday). An inability to provide maintenance to each traffic signal every other month may cause the selected firm to be subject to liquidated damages. Traffic Signal Interconnect Systems Provide a quarterly (i.e., every three months) systems check to ensure traffic signal interconnect systems function in accordance with the timing plans. Investigate and determine causes for any performance issues (e.g., faulty pedestrian bush buttons, faulty vehicle detection, faulty communication, etc.), and recommend appropriate repairs necessary for system operation in accordance with the timing plan. Repairs necessary to improve the function of traffic signal interconnect systems shall be compensated as "Extra Work". Special Note: Maintenance of the traffic signal interconnects systems is a critical component of the City's desired services. The selected firm will be required to have qualified traffic signal technicians that have demonstrated experience in maintaining traffic signal interconnect systems, with a proven ability to troubleshoot and diagnose problems with the efficient operation of these systems. Compensation for all traffic signal interconnect systems maintenance work identified above will be considered as included the established flat rate fee paid per intersection for routine "Preventive Maintenance" work, in accordance with the Cost Proposal , Schedule A, included in this Solicitation and completed and returned by the selected firm in its Proposal. No additional or separate payment will be made for monitoring the function and operation of traffic signal interconnects systems. Compensation for any necessary repairs to traffic signal interconnect systems will be paid as "Extra Work". C.7.e Packet Pg. 264 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) Underground Service Alert (Dig Alert) Monitoring The selected firm will be required to adequately mark all traffic signal conduit and equipment on behalf of the City in accordance with California Government Code Section 4216 et seq. The City's designated representative will monitor notifications submitted by Underground Service Alert (USA) to the City, and will furnish applicable notifications to a representative of the selected firm to coordinate the marking of any signalized intersections that may be scheduled for construction work or excavations as evidenced by notification from USA. The selected firm shall establish a process for monitoring and tracking the marking of any affected intersection s; an intersection record log shall be created, with the USA notification and corresponding action noted in the controller, with a copy provided to the City. The selected firm shall assume all liability for satisfying the City's obligations to adequately identify underground structures in accordance with this law. Compensation for providing USA - Dig Alert services identified above will be paid at a flat rate per occurrence in accordance with the Cost Proposal, Schedule A, included in this Solicitation and completed and returned by the selected firm in its Proposal. No additional or separate payment will be made for daily travel time from the selected firm's base of operations to the City. C.7.e Packet Pg. 265 At t a c h m e n t : N I B f o r T r a f f i c S i g n a l M a i n t e n a n c e a n d O n C a l l S e r v i c e s 2 0 2 2 ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 266 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 267 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 268 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 269 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 270 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 271 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 272 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 273 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 274 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 275 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 276 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 277 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 278 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 279 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 280 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 281 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 282 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 283 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 284 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 285 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 286 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 287 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 288 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 289 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 290 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) C.7.f Packet Pg. 291 At t a c h m e n t : S t . F r a n c i s E l e c t r i c a l , L L C . P r o p o s a l ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) CITY OF GRAND TERRACE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Addendum #1 FOR TRAFFIC SIGNAL MAINTENANCE & ON-CALL EMERGENCY SERVICES April 2022 [Editor’s Note: Timeline Dates below are Subject to Change] • Issuance of Bid by City • Issuance of Addendum #1 • Deadline Questions/Clarification Requests • Deadline for Submitting Complete Proposals • Presentation to City Council for Final Approval Friday, April 15, 2022 Friday, April 22, 2022 Friday, April 22, 2022 (5:00 pm) Friday, April 29, 2022 (11:00 am) Tuesday, May 24, 2022 (6:00 pm) A-1 C.7.g Packet Pg. 292 At t a c h m e n t : B i d A d d e n d u m # 1 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TRAFFIC SIGNAL MAINTENANCE & ON-CALL EMERGENCY SERVICES BID NO. 22-02 (ADDENDUM #1) The City of Grand Terrace is hereby issuing Addendum No. 1 to the above referenced Bid. Prospective bidders are reminded that they are to acknowledge receipt of all Addendums in their Bid Documents on the next page of the Bidding Schedule. PLEASE NOTE THAT THE DATE AND TIME FOR THE DELIVERY OF BIDS HAS NOT BEEN CHANGED. BIDS ARE DUE ON FRIDAY, APRIL 29, 2022, BY 11 A.M. THE PURPOSE OF THIS ADDENDUM IS AS FOLLOWS: Provide response to Contractor questions regarding the bid documents. RESPONSE TO QUESTION(S) RECEIVED FROM CONTRACTOR: Q1- Can you please clarify the due date as the NIB and page C-1 say Tuesday, April 29. A1- The deadline for bid submissions is Friday, April 29, 2022. Q2- Will page C-1 be revised or is it ok to cross out and put the correct day when submitting? A2- We have submitted a revised Notice of Inviting Bids but you may cross out the date errors and use the document as is. Q3- Under Sample Preventative Maintenance Program - Safety Lighting (Night Check) it states, "Safety Lighting (Night Check): Institute a routine nighttime check of safety lights and illuminated street name signs at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval". Can you please confirm if the city wants monthly or bi-monthly Night Checks? C.7.g Packet Pg. 293 At t a c h m e n t : B i d A d d e n d u m # 1 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) A3- The frequency of service is monthly as outlined in the Scope of Services and as shown in the Bid Schedule, which requires a monthly and annual total for routine maintenance. The Sample Preventative Maintenance Program shows the breadth of maintenance service the City requires. The City requires a night check of safety lighting as part of the routine preventative maintenance program. Q4- Can you please confirm that the City is requesting "Monthly" inspections of their 7 signalized intersections and the contractor can bill for this service monthly? A4- Yes, the City is requesting each signalized intersection be inspected monthly and requesting the contractor submit two bills. One for routine services and one for any response services performed within the same month. The City will expect two bills unless no response service were performed. Q5/A5- CITY UPDATE: On page C-5 the base bid it included 7 intersections but are 8 intersections due to recent development. Please see provided City Map for the locations of the signaled intersections. Please modify bid as needed. Q6- On Pages SP-15 – 17, These pages read as a previous solar powered flashing project. Is this relative to this bid for Traffic Signal Maintenance? A6- The Special Provisions of the contract are the standard provisions provided with Public Works contracts, including signals, lighting, and electrical system. Q7- Traffic Interconnect Systems: Third Paragraph. Can the City please clarify if this will paid at a flat rate since there is no Schedule A in the Bid Schedule or at Time and Materials? A7- All payments shall be made in accordance with the cost provided in the base bid and additive bids of the bid schedule, including labor and equipment costs (time and material). C.7.g Packet Pg. 294 At t a c h m e n t : B i d A d d e n d u m # 1 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) Q8- In the Notice Inviting Bids it says “All Bids must be in writing” Can the City please confirm that the documents can be typed? A8- Bid documents can be completed by writing or typing, except for the sections requiring signature. Those sections should be an original signature. Q9- Underground Service Alert (Dig Alert) Monitoring. Can the City please clarify if this will be paid at a flat rate since there is no Schedule A in the Bid Schedule or at Time and Material? A9- All payments shall be made in accordance with the cost provided in the base bid and additive bids of the bid schedule, including labor and equipment costs (time and material). C.7.g Packet Pg. 295 At t a c h m e n t : B i d A d d e n d u m # 1 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) CITY OF GRAND TERRACE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Addendum #2 FOR TRAFFIC SIGNAL MAINTENANCE & ON-CALL EMERGENCY SERVICES April 2022 [Editor’s Note: Timeline Dates below are Subject to Change] • Issuance of Bid by City • Issuance of Addendum #1 • Deadline Questions/Clarification Requests • Issuance of Addendum #2 • Deadline for Submitting Complete Proposals • Presentation to City Council for Final Approval Friday, April 15, 2022 Friday, April 22, 2022 Friday, April 22, 2022 (5:00 pm) Tuesday, April 26, 2022 Friday, April 29, 2022 (11:00 am) Tuesday, May 24, 2022 (6:00 pm) A-1 C.7.h Packet Pg. 296 At t a c h m e n t : B i d A d d e n d u m # 2 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) TRAFFIC SIGNAL MAINTENANCE & ON-CALL EMERGENCY SERVICES BID NO. 22-02 (ADDENDUM #2) The City of Grand Terrace is hereby issuing Addendum No. 1 to the above referenced Bid. Prospective bidders are reminded that they are to acknowledge receipt of all Addendums in their Bid Documents on the next page of the Bidding Schedule. PLEASE NOTE THAT THE DATE AND TIME FOR THE DELIVERY OF BIDS HAS NOT BEEN CHANGED. BIDS ARE DUE ON FRIDAY, APRIL 29, 2022, BY 11 A.M. THE PURPOSE OF THIS ADDENDUM IS AS FOLLOWS: Provide response to Contractor questions regarding the bid documents. RESPONSE TO QUESTION(S) RECEIVED FROM CONTRACTOR: Q1- As part of the routine, monthly night inspections - “…replacements of lamps, photocells, ballasts, and standard cobra fixtures”. Are the labor and material costs related to repairing outages found during the monthly inspections considered extra and chargeable, or is it part of the routine monthly fee? A1- All payments shall be made in accordance with the cost provided in the base bid and additive bids of the bid schedule, including labor and equipment costs (time and material). Q2- Regarding the six-month filter replacement — is the cost of the filter chargeable? Or considered part of the routine monthly fee? A2- All payments shall be made in accordance with the cost provided in the base bid and additive bids of the bid schedule, including labor and equipment costs (time and material). Q3- Regarding the conflict monitor testing - when conflict monitor units are found faulty — is the replacement cost considered part of the routine monthly fee or chargeable? A3- All payments shall be made in accordance with the cost provided in the base bid and additive bids of the bid schedule, including labor and equipment costs (time and material). C.7.h Packet Pg. 297 At t a c h m e n t : B i d A d d e n d u m # 2 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) Q4/A4- CITY UPDATE: On page C-5 the base bid it included 8 intersections but are 9 signaled intersections. Please see provided City Map for the locations of the signaled intersections. C.7.h Packet Pg. 298 At t a c h m e n t : B i d A d d e n d u m # 2 f o r T r a f f i c S i g n a l M a i n t e n a n c e ( T r a f f i c S i g n a l M a i n t e n a n c e a n d O n - C a l l E m e r g e n c y S e r v i c e s ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Resolutions Calling & Giving Notice of a General Municipal Election on November 8, 2022, and Requesting Consolidation of the Municipal Election with the State-Wide General Election on November 8, 2022; and Establishing Candidate Statement Regulations PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: 1. Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL LAW CITIES 2. Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 2030 VISION STATEMENT: This staff report supports our Core Value of Open and Inclusive Government. BACKGROUND: In an effort to conduct municipal elections in an efficient and cost-effective manner while complying with all state regulations pertaining to municipal elections, the San Bernardino County Registrar of Voters has conducted the City’s General Municipal Elections since incorporation. In order to request the services of the San Bernardino County Registrar of Voters Office for the upcoming November 8, 2022 General Municipal Election, the City Council must adopt resolutions calling and giving notice, requesting the County services, and setting regulations for candidate statements. C.8 Packet Pg. 299 DISCUSSION: On November 8, 2022, the City of Grand Terrace will hold its General Municipal Election to elect one (1) Council Member and one (1) Mayor, each for a full term of four years. The nomination period begins on July 18, 2022, and will close on August 12, 2022. Only candidates wishing to submit a candidate statement will be required to pay a deposit of $600.00 to cover the cost of printing the statement in the sample ballots provided. As indicated earlier in the staff report, the City Council is required to adopt a resolution requesting the consolidation/services of the County Registrar of Voters for the November 8, 2022, Election. The adopted Resolutions need to be submitted to the County no later than June 20, 2022. The Resolution calling and giving notice of a General Municipal Election on Tuesday, November 8, 2022, for the election of certain officers and requesting the Board of Supervisors of the County of San Bernardino to consolidate the General Municipal Election with the Statewide General Election to be held pursuant to Elections Code Section 10403 relating to General Law Cities is attached for your consideration as well as the Resolution establishing regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022. FISCAL IMPACT: The County of San Bernardino Registrar of Voters has estimated the cost for services provided to the City of Grand Terrace for the November 8, 2022, General Municipal Election in the amount of approximately $15,000.00 if the City submits a ballot measure with the General Municipal Election to elect one (1) Council Member and one (1) Mayor. Sufficient funds have been included in the proposed FY 2022-2023 budget. ATTACHMENTS: • 2022-xx - Calling Election 11-08-2022 (DOCX) • 2022-xx - Candidate Statements 11-08-2022 (DOCX) APPROVALS: Debra Thomas Completed 05/13/2022 1:30 PM City Attorney Completed 05/17/2022 5:26 PM Finance Completed 05/19/2022 10:45 AM City Manager Completed 05/19/2022 10:56 AM City Council Pending 05/24/2022 6:00 PM C.8 Packet Pg. 300 RESOLUTION NO. 2022-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities on the State of California, a Regular Municipal Election shall be held on November 8, 2022, for the election of municipal officers; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held on all respects as if there were only one election; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Grand Terrace, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing one (1) Council Member for a full term of four years and one (1) Mayor for a full term of four years. SECTION 2. The ballots to be used at the election shall be in the form and content as required by the law. SECTION 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. The polls for the election shall be open at seven o’clock a.m. the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code. SECTION 5. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 2022, for the purpose of the election of one (1) Council Member for a full term of four years and one (1) Mayor for a full term of four years. SECTION 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections consolidated with Statewide General Election, including, but not limited to, Section 10418 of the Elections Code, and one form of ballot shall be used. C.8.a Packet Pg. 301 At t a c h m e n t : 2 0 2 2 - x x - C a l l i n g E l e c t i o n 1 1 - 0 8 - 2 0 2 2 [ R e v i s i o n 2 ] ( C a l l i n g f o r G e n e r a l M u n i c i p a l E l e c t i o n - N o v e m b e r 8 , 2 0 2 2 ) SECTION 7. The County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election. SECTION 8. The Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 9. The City of Grand Terrace recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 10. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with California Elections Code Section 10403 and to file this Resolution with the Board of Supervisors of San Bernardino County and to transmit a copy of the same to the San Bernardino County elections official. SECTION 11. The City Clerk shall certify the adoption of this Resolution and enter it into the Book of Resolutions. SECTION 12. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 13. If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 14. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 15. This Resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the _____ day of _____________ 2022. ___________________________ Darcy McNaboe, Mayor C.8.a Packet Pg. 302 At t a c h m e n t : 2 0 2 2 - x x - C a l l i n g E l e c t i o n 1 1 - 0 8 - 2 0 2 2 [ R e v i s i o n 2 ] ( C a l l i n g f o r G e n e r a l M u n i c i p a l E l e c t i o n - N o v e m b e r 8 , 2 0 2 2 ) ATTEST: Debra L. Thomas, City Clerk APPROVED AS TO FORM: Adrian Guerra City Attorney C.8.a Packet Pg. 303 At t a c h m e n t : 2 0 2 2 - x x - C a l l i n g E l e c t i o n 1 1 - 0 8 - 2 0 2 2 [ R e v i s i o n 2 ] ( C a l l i n g f o r G e n e r a l M u n i c i p a l E l e c t i o n - N o v e m b e r 8 , 2 0 2 2 ) RESOLUTION NO. 2022-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Grand Terrace on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed (in typewritten form) in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of nomination period. SECTION 2. The following provisions shall govern foreign languages as to candidate statements and voter information guides: a. Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate statements into the following language in addition to English: Spanish b. The County will print and mail voter information guides and candidate’s statement to all voters in English and Spanish. SECTION 3. The following provisions shall govern payment relating to candidate statements: a. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (a) and/or (b) of Section 2 above pursuant to Federal and/or State Law. b. The candidate shall be required to pay for the cost of printing the candidate’s statement in English and Spanish. c. The City Clerk shall estimate the total cost of printing, handling, translating, and C.8.b Packet Pg. 304 At t a c h m e n t : 2 0 2 2 - x x - C a n d i d a t e S t a t e m e n t s 1 1 - 0 8 - 2 0 2 2 ( C a l l i n g f o r G e n e r a l M u n i c i p a l E l e c t i o n - N o v e m b e r 8 , 2 0 2 2 ) mailing the candidate’s statement filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his pro rata share as a condition of having his or her statement included in their voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on the pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. No Candidate will be permitted to include additional materials in the voter information guide. SECTION 5. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued. SECTION 6. All previous Resolutions establishing Council policy on payment for candidate’s statements are repealed. SECTION 7. This Resolution shall apply only to the election to be held on Tuesday, November 8, 2022, and shall then be repealed. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions. SECTION 9. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 10. If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 11. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 12. This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. C.8.b Packet Pg. 305 At t a c h m e n t : 2 0 2 2 - x x - C a n d i d a t e S t a t e m e n t s 1 1 - 0 8 - 2 0 2 2 ( C a l l i n g f o r G e n e r a l M u n i c i p a l E l e c t i o n - N o v e m b e r 8 , 2 0 2 2 ) PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the _____ day of _____________ 2022. ___________________________ Darcy McNaboe, Mayor ATTEST: Debra L. Thomas City Clerk APPROVED AS TO FORM: Adrian Guerra City Attorney C.8.b Packet Pg. 306 At t a c h m e n t : 2 0 2 2 - x x - C a n d i d a t e S t a t e m e n t s 1 1 - 0 8 - 2 0 2 2 ( C a l l i n g f o r G e n e r a l M u n i c i p a l E l e c t i o n - N o v e m b e r 8 , 2 0 2 2 ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Consultant Agreement for Voter Opinion Research, Education and Outreach Services Relating to Potential Transient Occupancy Tax Ballot Measure PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: 1. Approve an Agreement between the City and Desmond & Louis, Inc. to provide voter opinion research, education and information outreach for a potential ballot measure to be placed on the November 2022 General Municipal Election in the amount of $47,000, for a term of 1 year with 2 extensions of 1 year each. 2. Authorize the City Manager to sign the Agreement, subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports Goal #1, Identify Additional Revenue Streams BACKGROUND: The City currently has a hotel under environmental review with the intent to recommend approval before the end of the fiscal year, with construction anticipated in 2023. Hotels traditionally provide revenue to their host cities via a Transit Occupancy Tax (TOT) to offset impacts relating to their unique type of use. The City does not currently have a TOT. The City intends to place a measure on the November 8, 2022, Consolidated Statewide Election ballot asking the voters to consider approval of an ordinance that would create a section in the Grand Terrace Municipal Code establishing a TOT. A TOT is a revenue-generating mechanism routinely employed by cities that host hotel properties. Every City in the region has a similar tax. The City’s TOT would be collected from and paid only by those persons staying at hotels for thirty days or less and is not paid by the City’s property owners. The revenues generated by the TOT are deposited in the City’s General Fund and can be used for a variety of essential government services, such as police, fire safety, recreation, park and road maintenance, and youth programs. The City has determined that appropriate voter opinion research, educational activities C.9 Packet Pg. 307 and voter awareness regarding this issue will be beneficial to the community at large. DISCUSSION: Four companies that are highly qualified and recognized throughout the State as experts in this field were contacted. Three expressed interest in responding to a Request for Proposals (RFP). An RFP was undertaken in March requesting proposals for Election Advisory Services from these companies. The City’s purchasing ordinance allows for this type of process for the selection of professional services. Required services include the following: • Assessing community opinions on the TOT through the preparation and administration of a survey/poll and related analysis; • Preparing planning timeline; • Developing overall outreach plan to build community awareness of needs; • Developing media/social networking informational communications strategy; • Preparing informational materials (direct mailings, presentations, handouts) regarding the TOT; • If requested, assisting with preparation of the TOT; and • Managing vendors relating to informational outreach activities, including, but not limited to, printers, mail houses, graphics. The City received two responses. From the information provided, it was determined that Desmond & Louis would be best able to provide the specific service needed for the project. Desmond and Louis are also locally based with a history of providing similar services in the Inland Empire. Contacted Interested Replied Recommended Lew Edwards Group X Tramutola Advisors X X Cross Currents X X X Desmond & Louis X X X X ENVIRONMENTAL IMPACTS There are no environmental impacts. FISCAL IMPACT: Funding in the amount of $20,000 has been included in the FY 2021-22 The remaining funding will be addressed through the FY 2022-23 budget process. ATTACHMENTS: C.9 Packet Pg. 308 • Proposal - Desmond (PDF) • TOT Consultant Agreement Rev-2 (DOCX) APPROVALS: Konrad Bolowich Completed 05/13/2022 2:03 PM City Attorney Completed 05/18/2022 12:49 PM Finance Completed 05/19/2022 8:35 AM City Manager Completed 05/13/2022 2:23 PM City Council Pending 05/24/2022 6:00 PM C.9 Packet Pg. 309 C.9.a Packet Pg. 310 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 311 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 312 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 313 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 314 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 315 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 316 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 317 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 318 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 319 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 320 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 321 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) C.9.a Packet Pg. 322 At t a c h m e n t : P r o p o s a l - D e s m o n d ( T O T C o n s u l t i n g A g r e e m e n t ) AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and DESMOND & LOUIS, INC. C.9.b Packet Pg. 323 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND DESMOND & LOUIS, INC. This AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND DESMOND & LOUIS, INC. (herein “Agreement”) is made and entered into this ____ day of ________, _________ by and between the City of Grand Terrace, a California municipal corporation (“City”) and Desmond & Louis, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any C.9.b Packet Pg. 324 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -3- inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. C.9.b Packet Pg. 325 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -4- 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty Seven Thousand Dollars ($47,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. C.9.b Packet Pg. 326 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -5- 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. C.9.b Packet Pg. 327 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -6- 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Nicole Desmond CEO (Name) (Title) C.9.b Packet Pg. 328 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -7- Lou Desmond President (Name) (Title) Neil Derry Sr. Vice President (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Konrad Bolowich, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or C.9.b Packet Pg. 329 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -8- control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance C.9.b Packet Pg. 330 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -9- written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: C.9.b Packet Pg. 331 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -10- CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity C.9.b Packet Pg. 332 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -11- for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. C.9.b Packet Pg. 333 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -12- ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant C.9.b Packet Pg. 334 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -13- shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District C.9.b Packet Pg. 335 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -14- Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party C.9.b Packet Pg. 336 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -15- of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs C.9.b Packet Pg. 337 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -16- the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. C.9.b Packet Pg. 338 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -17- ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. C.9.b Packet Pg. 339 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) -18- 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] C.9.b Packet Pg. 340 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) 01247.0005/606806.2 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF GRAND TERRACE, a municipal corporation ____________________________________ Konrad Bolowich, City Manager ATTEST: ______________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ______________________________________ Adrian R. Guerra, City Attorney CONSULTANT: DESMOND & LOUIS, INC. By: ___________________________________ Name: Title: By: ___________________________________ Name: Title: Address: ___________________________ ___________________________ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. C.9.b Packet Pg. 341 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) 01247.0005/606806.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.9.b Packet Pg. 342 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) 01247.0005/606806.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.9.b Packet Pg. 343 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) 01247.0005/606806.2 A-1 EXHIBIT “A” SCOPE OF SERVICES I. The City may submit a ballot measure to the City’s voters concerning the adoption of a transient occupancy tax at the November 8, 2022, election (“TOT”). In connection therewith, Consultant will provide contract services relating to community outreach and community opinion research (as requested by City) for the City (“Services”), which shall include, but not be limited to, the following: • Assessing community opinions on the TOT through the preparation and administration of a survey/poll and related analysis; • Preparing planning timeline; • Developing overall outreach plan to build community awareness of needs; • Developing media/social networking informational communications strategy; • Preparing informational materials (direct mailings, presentations, handouts) regarding the TOT; • If requested, assisting with preparation of the TOT; and • Managing vendors relating to informational outreach activities, including, but not limited to, printers, mail houses, graphics. All materials developed by Consultant with regard to this Agreement shall be approved by the City prior to being used. II. As part of the Services, Consultant will prepare and deliver such tangible work products to the City as the City may require from time to time and pursuant to the schedule developed pursuant to Exhibit D. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering status reports as the City may request from time to time. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Nicole Desmond, CEO B. Lou Desmond, President C. Neil Derry, Senior Vice President of Public Affairs D. Subconsultant: Swapan Nag, CEO, NAG, Inc. (“Subconsultant”) C.9.b Packet Pg. 344 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) 01247.0005/606806.2 B-1 EXHIBIT “B” SCHEDULE OF COMPENSATION I. Consultant shall perform the Services in Exhibit A at the following rates: Consultant Staff Cost CEO $150 per hour President $150 per hour Vice President $150 per hour Account Services $150 per hour Subconsultant Costs (if services relating to Subconsultant are utilized) Service Cost (lump sum) Polling & Research $5,000 Email and Direct mail program $19,500 II. The City will compensate Consultant for the Services performed upon submission of a valid invoice as described in Section 2.4. III. The total compensation for the Services shall not exceed the Contract Sum of $47,000 as provided in Section 2.1 of this Agreement. C.9.b Packet Pg. 345 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) C-1 EXHIBIT “C” SCHEDULE OF PERFORMANCE I. Consultant shall commence performance of all Services within 3 business days of this Agreement’s complete execution by the parties. Consultant shall further perform all Services timely in accordance with the schedule(s) to be developed by Consultant and subject to the written approval of the Contract Officer. II. In addition to any other tangible work products required by this Agreement, Consultant shall deliver such tangible work products that the City may require from time to time. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. IV. The City in its sole discretion may extend the term of this Agreement in writing by two (2) terms of one (1) year each. C.9.b Packet Pg. 346 At t a c h m e n t : T O T C o n s u l t a n t A g r e e m e n t R e v - 2 [ R e v i s i o n 2 ] ( T O T C o n s u l t i n g A g r e e m e n t ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Consideration of Resolutions Initiating Proceedings to Levy & Increase (As Previously Authorized by Property Owners) Annual Assessments for Fiscal Year 2022-2023 for the City of Grand Terrace Landscape & Lighting Assessment District 89-1 (“District”); Preliminarily Approving the Related Engineer’s Report; and Setting and Declaring the City Council’s Intention to Conduct a Public Hearing on July 12, 2022, at 6:00 P.M. or Soon Thereafter as Feasible, and to Levy, Increase (As Previously Authorized by Property Owners), and Collect Annual Assessments Related Thereto PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, INITIATING PROCEEDINGS TO LEVY AND INCREASE (AS PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS) ANNUAL ASSESSMENTS FOR THE 2022-2023 FISCAL YEAR FOR THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE ENGINEER TO BE PREPARED AND FILE A REPORT IN ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF SAID ACT; and 2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY, INCREASE (AS PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS), AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023; and 3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING AND DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 12, 2022 at 6:00 P.M. OR SOON THEREAFTER AS FEASIBLE, ON LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND INTENTION TO LEVY, INCREASE (AS PREVIOUSLY C.10 Packet Pg. 347 AUTHORIZED BY PROPERTY OWNERS), AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023 2030 VISION STATEMENT: This staff report supports Goal #1 to “Ensure our Fiscal Viability by ensuring appropriate cost recovery for services.” BACKGROUND: In 1989, the City Council required developers of Tract 13364 to form Assessment District 89-1 for the purpose of maintaining the landscaping and lighting serving the project, as required by the conditions of approval. Subsequently, two other developments were required to be included, through annexation, into Assessment District 89-1. The developments (Tracts 14264 and 14471) were annexed into Assessment District 89-1 as Annexation No. 1. To ensure all future developments were sustainable, Staff recommended that all future developments be annexed into Assessment District 89-1. Therefore, the following amendments occurred (note that each annexation may contain more than one tract/zone): A. Greenbriar on Mt. Vernon Avenue (Tract 17766) was annexed into Assessment District 89-1 in 2016 as Annexation No. 2. B. Aegis Builders development on Pico Street (Tract 18793) was annexed into Assessment District 89-1 in 2016 as Annexation No. 3. C. Crestwood Development Project on Jaden Court (Tract 18071) was annexed into Assessment District 89-1 as Annexation No. 4 in 2018 D. Aegis-Van Buren Housing development on Tesoro Court/ Van Buren (Tract 18604) was annexed into Assessment District 89-1 as Annexation No. 5, in 2019. Each of the seven tracts comprises the boundaries of a zone in the Assessment District. The Assessment District has seven zones in total with established assessments approved by Council and included in the Engineer’s Report. DISCUSSION: Each year, an Engineer’s Report is prepared and considered by the City Council for the levy of annual assessments for maintenance and operation of each zone within the Assessment District. Assessment of each parcel is made in the same manner within each zone, and at the same time, as payments are made for property taxes for each Property. C.10 Packet Pg. 348 The Engineer’s Report takes into consideration costs of operation and maintenance for the previous year of each zone within the District and the amount assessed for each zone within Assessment District’s cost of operations and maintenance for the coming fiscal year. These costs are then spread to the benefiting properties in each zone. Zone 1 Tract 13364- Canal, Zone 2 Tract 14264- Forrest City Phase II, and Zone 3 Tract 14471- Oriole were established before Proposition 218, which was approved by voters on November 6, 1996, and granted taxpayers the right to vote on all local taxes and requires taxpayer approval of new property related assessments and fees. Therefore, the assessments for Zones 1-3 are not annually increased at a rate higher than the rate that was in effect before adoption of Proposition 218. In order to assess Zone 1-3 at the rate that would cover annual cost of services, a Proposition 218 vote would have to be held and, generally, the number of property owners agreeing to the change would have to exceed the number of property owners disagreeing with the change (as determined pursuant to Proposition 218 and its related legislation) within a Zone in order to be able to assess the proposed change in assessment. Staff has reviewed the expenditures for the last Fiscal Year 2021-2022. Based on the Engineer's estimate the assessment amount will increase for the District for Fiscal Year 2022-2023 by the following: A. The maximum assessment rate per parcel for Zone 4 (Tract 17766) is $186.5575, which represents a total increase of 7.76% (5.76% CPI escalator plus 2%) from the prior fiscal year maximum assessment rate of $173.1215. B. The maximum assessment rate per parcel for Zone 5 (Tract 18793) is $585.1437, which represents a total increase of 7.76% (5.76% CPI escalator plus 2%) from the prior fiscal year maximum assessment rate of $543.0013. C. The maximum assessment rate per parcel for Zone 6 (Tract 18071) is $1,682.8828, which represents a total increase of 7.76% (5.76% CPI escalator plus 2%) from the prior fiscal year maximum assessment rate of $1,561.6806. D. The maximum assessment rate per parcel for Zone 7 (Tract 18604) is $372.0533, which represents a total increase of 7.76% (5.76% CPI escalator plus 2%) from the prior fiscal year maximum assessment rate of $345.2578. The maximum assessment rate for the escalating Zones (4, 5, 6, & 7) will fluctuate based upon annual CPI changes as originally approved by the property owners; however, Council will need to approve the adjusted rates to take effect. Council can approve an assessment amount up to the maximum assessment rate. C.10 Packet Pg. 349 Servicing and administering the City’s landscape maintenance program shall be according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15, of the Street and Highways Code of the State of California. The Proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California. This includes the process generally described in Attachment 1 and a public hearing to consider and adopt by resolution the Engineer’s Report and proposed assessments (including any other related documents) for fiscal year 2022-2023 on July 12, 2022. Based upon the forgoing, the City Council is therefore recommended to (1) adopt a resolution initiating proceedings to levy and increase (as previously authorized by property owners) annual assessments for the 2022-2023 fiscal year for the District and ordering the Engineer to prepare and file a Report in accordance with the Landscaping & Lighting Act of 1972; (2) adopt a resolution giving preliminary approval of the Engineer’s Report for the District and the levy, increase (as previously authorized by property owners), and collection of the annual assessments related thereto for fiscal year 2022-2023; and (3) adopt a resolution of declaring the City Council’s intention to conduct a public hearing on July 12, 2022, on the District and intention to levy, increase (as previously authorized by property owners), and collect annual assessments related thereto for fiscal year 2022-2023. FISCAL IMPACT: The Engineer's Report has estimated the fiscal impact will be $60,816.13 to maintain the Assessment District. Most of this amount will be reimbursed to the City through the collection of property taxes by the County of San Bernardino for each parcel. ATTACHMENTS: • 1. Tract Maps Zone 1-7 (PDF) • 2. Resolution- Initiating Proceedings (DOCX) • 3. Engineer's Report (PDF) • 4. Resolution - Preliminarily Approving Engineer's Report (DOCX) • 5. Resolution- Intention (to publish) (DOCX) APPROVALS: Shanita Tillman Completed 05/12/2022 10:00 AM City Attorney Completed 05/18/2022 12:01 PM Finance Completed 05/19/2022 8:36 AM City Manager Completed 05/19/2022 3:08 PM C.10 Packet Pg. 350 City Council Pending 05/24/2022 6:00 PM C.10 Packet Pg. 351 2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 22 C.10.a Packet Pg. 352 At t a c h m e n t : 1 . T r a c t M a p s Z o n e 1 - 7 ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 23 C.10.a Packet Pg. 353 At t a c h m e n t : 1 . T r a c t M a p s Z o n e 1 - 7 ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 24 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT ZONE 4 C.10.a Packet Pg. 354 At t a c h m e n t : 1 . T r a c t M a p s Z o n e 1 - 7 ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 25 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT ZONE 5 C.10.a Packet Pg. 355 At t a c h m e n t : 1 . T r a c t M a p s Z o n e 1 - 7 ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 26 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT Zone 6 C.10.a Packet Pg. 356 At t a c h m e n t : 1 . T r a c t M a p s Z o n e 1 - 7 ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 27 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT ZONE 7 C.10.a Packet Pg. 357 At t a c h m e n t : 1 . T r a c t M a p s Z o n e 1 - 7 ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS FOR THE 2022-2023 FISCAL YEAR FOR THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF SAID ACT WHEREAS, the City Council has, by previous Resolutions, formed the City of Grand Terrace LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter referred to as “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), in which annual assessments have been levied and collected in past fiscal years; and WHEREAS, said Act requires that proceedings for the levy of assessments shall be initiated by resolution describing any proposed new improvements or any substantial changes in existing improvements in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highway Code of the State of California, and ordering the engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of said Act. WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, desires to initiate proceedings for the annual levy of assessments for the District pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California. WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2022, and ending June 30, 2023; and, WHEREAS, the provisions of said Division 15, Part 2 require a written "Report," consisting of the following: 1. Plans and specifications of the area of the works of improvement to be maintained; 2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; 3. A diagram of the area proposed to be assessed; 4. An assessment of the estimated costs for maintenance work for said fiscal year. C.10.b Packet Pg. 358 At t a c h m e n t : 2 . R e s o l u t i o n - I n i t i a t i n g P r o c e e d i n g s [ R e v i s i o n 2 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct, and incorporated herein by this reference.. SECTION 2. The City Council desires to, and hereby does, initiate proceedings to levy and increase, as applicable, annual assessments for the 2022-2023 fiscal year for the City of Grand Terrace Landscaping and Lighting Assessments District No. 89-1, including all annexed areas. SECTION 3. That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting and landscaping improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration. SECTION 4. That Shanita Tillman, Management Analyst, or her designee, is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Article IV, commencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California. SECTION 5. That upon completion, said "Report" shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Code. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. SECTION 7. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 24th day of May, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Darcy McNaboe City Clerk Mayor C.10.b Packet Pg. 359 At t a c h m e n t : 2 . R e s o l u t i o n - I n i t i a t i n g P r o c e e d i n g s [ R e v i s i o n 2 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I, __________________, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022- ________ was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 24th day of May, 2022, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXECUTED this 24th day of May, 2022, at Grand Terrace, California. _________________________________ Debra L. Thomas City Clerk for the City of Grand Terrace [SEAL] C.10.b Packet Pg. 360 At t a c h m e n t : 2 . R e s o l u t i o n - I n i t i a t i n g P r o c e e d i n g s [ R e v i s i o n 2 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 2022/2023 ENGINEER’S REPORT Intent Meeting: May 24, 2022 Public Hearing: July 12, 2022 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com C.10.c Packet Pg. 361 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) TABLE OF CONTENTS INTRODUCTION ............................................................................................................. 1 Section I. PLANS AND SPECIFICATIONS ................................................................ 3 Improvements Authorized by the 1972 Act .............................................................. 3 District Plans and Specifications .............................................................................. 4 Section II. METHOD OF APPORTIONMENT ............................................................... 8 Proposition 218 Benefit Analysis ............................................................................. 9 Benefit Analysis ......................................................................................................... 9 Assessment Methodology ....................................................................................... 11 Assessment Range Formula ................................................................................... 11 Section III. ESTIMATE OF IMPROVEMENT COSTS .................................................. 13 Section IV. ASSESSMENT DIAGRAMS ..................................................................... 21 Section V. ASSESSMENT ROLL ............................................................................... 28 C.10.c Packet Pg. 362 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 1 INTRODUCTION The City Council of the City of Grand Terrace (the “City”) adopted its General Plan with various elements to provide guidelines for orderly development within the community. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping, lighting and appurtenant facilities to enhance the quality of life and to benefit the value of property. The requirement for the construction and installation of landscaping, lighting and appurtenant facilities is a condition of approval for development and is a requirement of issuance of a permit for the construction of any residential, commercial, industrial and planned unit development. The installation of landscaping and lighting systems and the construction of the necessary appurtenant facilities is the responsibility of the property owner/applicant, as conditions of approval of a development application. The City may cause the installation by property owners directly or accept financial arrangements for installation of these facilities. The cost of servicing, operation, maintenance, repair and replacement of the landscaping, lighting and appurtenant facilities in turn becomes the responsibility of the benefitting properties. The owners/applicants petitioned for formation of the Landscaping Lighting Assessment District and/or annexation. These have been completed and will increase the City’s obligation for maintenance and servicing. The City of Grand Terrace is administering a lighting system for the benefit of all parcels of land within the City. The lighting benefit is directly related to public safety and property protection. These benefits have been studied widely, locally, regionally and nationally. The City formed Landscaping and Lighting Assessment District 89-1 (the “District”) in 1989 and subsequently annexed other parcels as Annexation No. 1, Annexation No. 2 Annexation No. 3, Annexation No. 4, and Annexation No. 5 to said District to ensure a fair and equitable levying of the necessary costs of servicing and maintenance of the respective facilities, which in turn will enhance the value of each parcel in the District directly and collectively. The boundaries of the District, which include Annexations 1, 2, 3, 4, and 5 are the boundaries of Zone 1 - Tract 13364 filed in Map Book 203, Pages 89 through 92, Records of San Bernardino County (the “County”). The boundaries of Zone 2 - Tract 14264 and Zone 3 – Tract 14471 filed in Map Book 242, Pages 17 and 18, Zone 4 – Tract 17766 filed in Map Book 237, Pages 41 and 42, and Zone 5 – Tract 18793 filed in Map Book 115, Pages 81-82. The boundaries of Zone 6 – Tract 18071 and Zone 7 – 18604 filed in Map Book 1178 Page 18 and Map Book 1167 Page 34, respectively, of the County. Servicing and administration of the City’s landscape maintenance program shall be according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division C.10.c Packet Pg. 363 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 2 15 of the Streets and Highways Code of the State of California (the “1972 Act”). Payment for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each property. The proceedings will be conducted under the 1972 Act Sections 22500 through 22679. This Engineer’s Report (the “Report”) is presented for the purpose of levy of annual assessment to the above-described properties for the purpose of maintaining the lighting and landscaping during the Fiscal Year 2022/2023. This Report contains the necessary data required to conduct the proceedings and is submitted to the Clerk of the City for filing. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the San Bernardino County (the “County”) Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel Numbers and a dedicated fund number established for the District to identify properties to be assessed on the tax roll and the allocation of the funds collected. This Report consists of the following sections: Section I Plans and Specifications: Description of the District's improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the City Clerk. Section II Method of Apportionment: A discussion of the general and special benefits associated with the overall landscaping street lighting improvements provided within the District (Proposition 218 Benefit Analysis). This section also includes a determination of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit. Section III Estimate of Improvement Costs: An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk. C.10.c Packet Pg. 364 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 3 Section IV Assessment Diagrams: A diagram showing the boundaries of the District is provided in this Report and includes all parcels that receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the County Assessor's Parcel Maps as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is hereby made to the County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Section V Assessment Roll: A listing of the proposed assessment amount for each parcel within the District. The proposed assessment amount for each parcel is based on the parcel’s calculated proportional special benefit as outlined in the method of apportionment and proposed assessment rate established in the District Budget. These assessment amounts represent the assessments proposed to be levied and collected on the County Tax Rolls for Fiscal Year 2022/2023. Section I. PLANS AND SPECIFICATIONS Improvements Authorized by the 1972 Act As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section. C.10.c Packet Pg. 365 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 4 Incidental expenses associated with the improvements including, but not limited to: •The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment; •The costs of printing, advertising, and the publishing, posting, and mailing of notices; •Compensation payable to the County for collection of assessments; •Compensation of any engineer or attorney employed to render services; •Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; •Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. •Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: •Repair, removal, or replacement of all or any part of any improvement. •Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. •The removal of trimmings, rubbish, debris, and other solid waste. •The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. District Plans and Specifications The District provides the necessary funding source for the annual maintenance, operation and servicing of the improvements that have been constructed and installed for the benefit of properties within the District. Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf, irrigation systems, and necessary appurtenances including curbs, hardscape, monumentations, fencing located in public right-of-ways, medians, parkways, and/or easements adjacent to public right-of-ways, in and along public thoroughfares and certain designated primary and secondary arterials. Lighting and appurtenant facilities includes poles, lighting fixtures, conduits, and the C.10.c Packet Pg. 366 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 5 necessary equipment to maintain, operate and replace a lighting system at designated intersections, in medians, parkways and adjacent to certain public facilities in and along certain streets, right-of-ways and designated lots. The installation of planting, landscaping, irrigation systems, lighting and the construction of appurtenant facilities to be operated, serviced and maintained, is more specifically described herein whereas, the landscaping and lighting facilities have been or will be provided by developers as a condition of subdivision of land, on part of the Conditional Use review and approval process. A. ZONES OF BENEFIT In an effort to ensure an appropriate allocation of the estimated annual cost to provide the District improvements based on proportional special benefits, this District is established with benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act: “The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.” The parcels, lots, subdivisions and developments within the District are identified and grouped into one of seven (7) Zones. Each Zone reflects the landscape improvements associated with the development of properties in that Zone, to fairly and equitably apportion the net cost of providing those improvements to the properties that receive special benefits from the service and activities associated with those improvements. All of the parcels in the District are identified as single-family residential properties within three residential developments. These residential developments have been grouped into seven different Zones that reflects each specific budget and improvements for that particular Zone. By establishing and utilizing a Zone structure, similar properties with similar types of improvements will be assessed a proportional amount for the services and activities provided by the District within each respective Zone. The improvements are the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities described as follows: Zone 1 - Tract 13364 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District. C.10.c Packet Pg. 367 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 6 (b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 5 streetlights are included in the boundaries of this development. Zone 2 - Tract 14264 (a) Lighting Poles, fixtures, bulbs, conduits, equipment, posts, pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 7 streetlights are included in the boundaries of this development. Zone 3 - Tract 14471 (a) Landscaping Landscaping, planting shrubbery, trees, and vines with Lot “A” of said Tract 14471, along with irrigation system for the improvements within Lot “A”. (b) Lighting Poles, fixtures, conduits, equipment, posts, pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of- ways and easements within the boundaries of the District. A total of 6 streetlights are maintained within the boundaries of this development. Zone 4 – Tract 17766 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District. (b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the C.10.c Packet Pg. 368 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 7 District. A total of 1 streetlight is included in the boundaries of this development. Zone 5 – Tract 18793 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District. (b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 5 streetlights are included in the boundaries of this development. Zone 6 – Tract 18071 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District. Additionally,, the District will include the maintenance of a water quality basin, designed for storm water runoff purposes. (b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 4 streetlights are included in the boundaries of this development. C.10.c Packet Pg. 369 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 8 Zone 7 – Tract 18604 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District. Additionally,, the District will include graffiti removal on the block wall along the east side of the Gage Canal within the western boundary of the tract, streetlights, and street trees along Tesoro Court and Van Buren Street. Lot: B” of said tract is designated as a retention basin and will be maintained as a dual-purpose basin, for retaining water and for a small playground. (b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 3 streetlights are included in the boundaries of this development. Section II. METHOD OF APPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation, and servicing of street lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formulas used for calculating assessments reflect the composition of parcels within the District (which are all residential properties) and the improvements and activities to be provided and have been designed to fairly apportion costs based on a determination of the proportional special benefits to each parcel within each Zone, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution (“Article XIID”). For each Zone within the District, each parcel represents one (1) Equivalent Benefit Unit (“EBU”). C.10.c Packet Pg. 370 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 9 The following formula is used to arrive at the levy amount for each parcel within each Zone: Levy per EBU (rate) x Parcel’s EBU = Parcel Levy Amount Proposition 218 Benefit Analysis The costs of the proposed improvements for Fiscal Year 2022/2023 have been identified and allocated to properties within the District based on special benefit. The improvements provided by this District and for which properties are assessed are public street lighting and landscaping improvements. These improvements generally were installed in connection with the development of the properties within the District. Article XIIID Section 2(d) defines District as follows: “District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIIID Section 2(i) defines Special benefit as follows: “Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4(a) defines proportional special benefit assessments as follows: “An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Benefit Analysis Special Benefit The special benefits properties within the District will receive from the proposed improvements include, but are not limited to: •Improved aesthetic appeal of nearby properties providing a positive representation of the area and properties. Total Balance to Levy = Levy per EBU Total EBU C.10.c Packet Pg. 371 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 10 •Enhanced adaptation of adequate green space, trees, and amenities within the urban environment. •Increased sense of pride in ownership of properties within the District resulting from their association with well-maintained improvements. •Enhanced quality of life and working environment within the area that is promoted by well-maintained landscaped areas and amenities. •Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities within public areas. •Increased social opportunities and leisure activities for customer’s residents and families, provided by a well-maintained neighborhood destination place for relaxation, socializing, and entertainment that is within easy walking distance. •Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the overall aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement to these properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the improvements would ultimately result in the deterioration of the improvements and facilities, which in turn could negatively impact the properties within the District. As such, the annual costs of ensuring the ongoing maintenance and operation of these improvements are considered a distinct and special benefit to the properties within the District and are therefore considered the financial obligation of those properties. The cost of any improvement or portion thereof that is considered to be of general benefit shall not be included as part of the special benefit assessments allocated to properties within the District. General Benefit In the absence of a special funding District, the City would typically provide only weed abatement and erosion control services for landscaped areas. The cost to provide this baseline level of service is approximately $0.01 per square foot for landscape areas that require maintenance. Zone 1 – Tract 13364 has approximately 29,100 square feet of landscape space, Zone 2 – Tract 14264 has no landscaping area that the City maintains and Zone 3 – Tract 14471 has approximately 9,045 square feet of landscape space, Zone 4 – Tract 17766 has approximately 3,856 square feet of landscaped space, Zone 5 – Tract 18793 has approximately 4,668 square feet of landscaped space, Zone 6 – Tract 18071 has approximately 61,750 square feet of landscaped space, Zone 7 – Tract 18604 has approximately 3,239 square feet of landscaped space. The proposed budgets for Fiscal Year 2022/2023 show the general benefit amount which will be C.10.c Packet Pg. 372 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 11 deducted from the cost of maintenance to arrive at a net special benefit assessment rate. Assessment Methodology This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes. The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support. The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits. To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation). The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly C.10.c Packet Pg. 373 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 12 noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula. The assessment range formula for District assessments may be applied to future assessments within the District commencing with Fiscal Year 2018/2019 for Zone 4 – Tract 17766 and Zone 5 – Tract 18793, Fiscal Year 2019/2020 for Zone 6 – Tract 18071 and Fiscal Year 2020/2021 for Zone 7. Zone 1 – Tract 13364, Zone 2 – Tract 14264 and Zone 3 14471 does not have an increase in assessments. The following describes the assessment range formula: The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index (“CPI”) plus two percent (2%). As of January 2018, the Bureau of Labor Statistics (the “BLS”) split the Los Angeles-Riverside-Orange County Area for all Urban Consumers to Los Angeles-Long Beach-Anaheim area and Riverside-San Bernardino- Ontario Area. Each fiscal year, the Maximum Assessment will be recalculated, and a new Maximum Assessment established. Currently, the District uses the Annual Riverside-San Bernardino-Ontario CPI index to compute the CPI difference each year. For Fiscal Year 2022/2023, the percentage difference is 5.7610%. Therefore, the Maximum Assessment will increase by 7.7610%. The Maximum Assessment is adjusted annually and is calculated independent of the annual budgets and proposed assessments established for each Zone of the District. Any proposed annual assessment (rate per EBU) less than or equal to this Maximum Assessment (for each Zone) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year. C.10.c Packet Pg. 374 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 13 Section III. ESTIMATE OF IMPROVEMENT COSTS In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment, and, as a result, shall be collected in installments and held in a reserve account. In particular, Zone 1, Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7 requires trimming and pruning landscaping services that are proposed to be performed every five years. The proposed assessment includes a budgeted amount for trimming and pruning to collect for these services. The following outlines the budget to fund the District improvements based on the improvements to be maintained and the associated incidental expenses for Fiscal Year 2022/2023, resulting in the proportional assessments calculated for each parcel that will be applied to the County Tax Rolls for Fiscal Year 2022/2023. The cost of maintaining improvements for Fiscal Year 2022/2023 are summarized as follows: C.10.c Packet Pg. 375 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 14 Zone 1 Tract 13364 – Canal Budget Item Fiscal Year 2022/23 Current Assessment Energy Costs – Street Lighting $597.60 Water Supply 2,716.32 Trimming and Removal* 1,102.00 Contract Maintenance 2,080.00 Legal 600.00 Engineering 600.00 Administrative Cost 1,000.00 Pruning Cycle Maintenance** 302.00 Annual Costs Total $8,997.92 General Benefit - Collection/(Contribution) (291.00) General Fund - Collection/(Contribution) (3,060.32) Balance to Levy $5,646.60 Fiscal Year 2022/23 Assessment per Parcel $282.3300 Fiscal Year 2022/23 Max Assessment per Parcel $282.3300 Fiscal Year 2021/22 Max Assessment per Parcel $282.3300 Number of Parcels (EBU) 20 * Trimming and removal were a onetime service, and the cost will be spread over the next five years. **Pruning services are performed every five years; the total cost of these services is spread over five years. C.10.c Packet Pg. 376 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 15 Zone 2 Tract 14264 – Forrest City Phase II Budget Item Fiscal Year 2022/23 Current Assessment Energy Costs – Street Lighting $697.00 Legal 600.00 Engineering 600.00 Administrative Cost 176.24 Annual Costs Total $2,073.24 General Benefit - Collection/(Contribution) 0.00 General Fund - Collection/(Contribution) (657.60) Balance to Levy $1,415.64 Fiscal Year 2022/23 Assessment per Parcel $1,415.6400 Fiscal Year 2022/23 Max Assessment per Parcel $1,415.6400 Fiscal Year 2021/22 Max Assessment per Parcel $1,415.6400 Number of Parcels (EBU) 1 *Parcels under zone 2 receive no general benefit, because there is no landscaping. C.10.c Packet Pg. 377 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 16 Zone 3 Tract 14471 – Oriole Budget Item Fiscal Year 2022/23 Current Assessment Energy Costs – Street Lighting $498.00 Water Supply 488.41 Capital Reserve/Replacement Parts 371.16 Contract Maintenance 1,040.00 Legal 600.00 Engineering 600.00 Administrative Cost 1,296.03 Pruning Cycle Maintenance* 466.00 Annual Costs Total $5,359.60 General Benefit - Collection/(Contribution) (90.45) General Fund - Collection/(Contribution) 0.00 Balance to Levy $5,269.15 Fiscal Year 2022/23 Assessment per Parcel $309.9500 Fiscal Year 2022/23 Max Assessment per Parcel $309.9500 Fiscal Year 2021/22 Max Assessment per Parcel $309.9500 Number of Parcels (EBU) 17 * Pruning services are performed every five years; the total cost of these services will be spread over five years. C.10.c Packet Pg. 378 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 17 Zone 4 Tract 17766 – Greenbriar Budget Item Fiscal Year 2022/23 Current Assessment Energy Costs – Street Lighting $120.00 Electrical Use for Irrigation 120.00 Water Supply 480.00 Trimming and Removal 640.00 Capital Reserve/Replacement Parts 5,839.25 Contract Maintenance 1,388.00 Legal 600.00 Engineering 600.00 Auditor Controller Charges 20.00 Administrative Cost 600.00 Annual Costs Total $10,407.25 General Benefit - Collection/(Contribution) (38.56) HOA - Collection/(Contribution) (3,839.44) General Fund - Collection/(Contribution) $0.00 Balance to Levy $6,529.25 Fiscal Year 2022/23 Assessment per Parcel $186.5500 Fiscal Year 2022/23 Max Assessment per Parcel $186.5575 Fiscal Year 2021/22 Max Assessment per Parcel $173.1215 Number of Parcels (EBU) 35 C.10.c Packet Pg. 379 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 18 Zone 5 Tract 18793 – Palomino Budget Item Fiscal Year 2022/23 Current Assessment Energy Costs – Street Lighting $360.00 Perimeter Wall 850.00 Trimming and Removal 1,300.00 Capital Reserve/Replacement Parts 1,618.36 Contract Maintenance 1,120.00 Legal 600.00 Engineering 600.00 Auditor Controller Charges 20.00 Administrative Cost 600.00 Annual Costs Total $7,068.36 General Benefit - Collection/(Contribution) (46.68) General Fund - Collection/(Contribution) 0.00 Balance to Levy $7,021.68 Fiscal Year 2022/23 Assessment per Parcel $585.1400 Fiscal Year 2022/23 Max Assessment per Parcel $585.1437 Fiscal Year 2021/22 Max Assessment per Parcel $543.0013 Number of Parcels (EBU) 12 C.10.c Packet Pg. 380 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 19 Zone 6 Tract 18071 – Jaden Budget Item Fiscal Year 2022/23 Current Assessment Street Lighting $672.00 Water 0.00 Bryce Court Pavement Sealing 786.00 Trimming & Pruning 390.00 Capital Reserve / Replacement Parts 10,488.46 Contract Maintenance 14,820.00 Legal 1,000.00 Engineering 850.00 Auditor Controller Charges 20.00 Publishing/Noticing, Misc. 200.00 Annual Costs Total $29,226.46 General Benefit - Collection/(Contribution) (617.50) General Fund - Collection/(Contribution) 0.00 Balance to Levy $28,608.96 Fiscal Year 2022/23 Assessment per Parcel $1,682.8800 Fiscal Year 2022/23 Max Assessment per Parcel $1,682.8828 Fiscal Year 2021/22 Max Assessment per Parcel $1,561.6806 Number of Parcels (EBU) 17 C.10.c Packet Pg. 381 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 20 Zone 7 Tract 18604 – Tesoro/Van Buren Budget Item Fiscal Year 2022/23 Current Assessment Street Lighting $360.00 Water 0.00 Perimeter Wall 600.00 Trimming & Pruning 1,430.00 Capital Reserve / Replacement Parts 1,120.24 Contract Maintenance 777.00 Legal 1,000.00 Engineering 850.00 Auditor Controller Charges 20.00 Publishing/Noticing, Misc. 200.00 Annual Costs Total $6,357.24 General Benefit - Collection/(Contribution) (32.39) General Fund - Collection/(Contribution) 0.00 Balance to Levy $6,324.85 Fiscal Year 2022/23 Assessment per Parcel $372.0500 Fiscal Year 2022/23 Max Assessment per Parcel $372.0533 Fiscal Year 2021/22 Max Assessment per Parcel $345.2578 Number of Parcels (EBU) 17.00 Note: Total may not foot due to rounding. The total approved assessment for Fiscal Year 2022/2023 is $60,816.13 C.10.c Packet Pg. 382 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 21 Section IV. ASSESSMENT DIAGRAMS An Assessment Diagram for the District has been submitted to the Clerk of the City in the format required under the provision of the Act. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of San Bernardino, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. The following pages show the boundaries of each of the Zones in the District. C.10.c Packet Pg. 383 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 22 C.10.c Packet Pg. 384 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 23 C.10.c Packet Pg. 385 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 24 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT ZONE 4 C.10.c Packet Pg. 386 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 25 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT ZONE 5 C.10.c Packet Pg. 387 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 26 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT Zone 6 C.10.c Packet Pg. 388 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 27 CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT ZONE 7 C.10.c Packet Pg. 389 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 28 Section V. ASSESSMENT ROLL The description of each lot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report. The proposed assessment and the amount of assessment for Fiscal Year 2022/2023 apportioned to each lot or parcel is shown below. C.10.c Packet Pg. 390 At t a c h m e n t : 3 . E n g i n e e r ' s R e p o r t ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022/2023 WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, (hereinafter referred to as the “City”) pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's Report (hereinafter referred to as the “Report”) for the annual levy of assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now known and designated as: CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereinafter referred to as the "District"); and, WHEREAS, there has now been presented to this City Council the Report as required by Article 4 of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all the items and documents as set forth therein, and is satisfied that the proposed assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct, and incorporated herein by this reference. SECTION 2. That the Report as presented, consisting of the following: A. Plans and specifications; B. Method of Apportionment; C. Estimate of cost; D. Assessment Diagram of the District; C.10.d Packet Pg. 391 At t a c h m e n t : 4 . R e s o l u t i o n - P r e l i m i n a r i l y A p p r o v i n g E n g i n e e r ' s R e p o r t [ R e v i s i o n 2 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g E. Assessment of the estimated cost; is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. SECTION 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 24th day of May 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Darcy McNaboe City Clerk Mayor C.10.d Packet Pg. 392 At t a c h m e n t : 4 . R e s o l u t i o n - P r e l i m i n a r i l y A p p r o v i n g E n g i n e e r ' s R e p o r t [ R e v i s i o n 2 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I, Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022- ______ was duly passed, approved, and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 24th day of May, 2022, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Executed this 24th day of May 2022, at Grand Terrace, California. _________________________________ Debra L. Thomas City Clerk for the City of Grand Terrace [SEAL] C.10.d Packet Pg. 393 At t a c h m e n t : 4 . R e s o l u t i o n - P r e l i m i n a r i l y A p p r o v i n g E n g i n e e r ' s R e p o r t [ R e v i s i o n 2 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g RESOLUTION NO. 2022- ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING AND DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 12, 2022, AT THE HOUR OF 6:00 P.M. OR SOON THEREAFTER AS FEASIBLE ON LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023 WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, (hereafter referred to as the “City Council”) desires to levy assessments within LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter referred to as the “District”) pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (hereafter referred to as the “Act”); and, WHEREAS, at this time, this City Council is desirous to provide for an annual levy of assessments for the territory within the District for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, at this time there has been presented and approved by this City Council, the Engineer's Report (hereafter referred to as the “Report”) as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. Pursuant to the Act (specifically, Streets and Highways Code Section 22624), the City Council hereby finds and declares that the public interest and necessity require the maintenance and servicing of landscaping and public lighting facilities in the District, and contingent upon compliance with, as applicable, the requirements of the Act, Article XIIID of the California Constitution (commonly known as “Proposition 218”) and the Proposition 218 Omnibus Implementation Act (set forth at Government Code Sections 53750-53758), the City Council hereby declares its intention to levy and collect proposed assessments within the District for the continual maintenance of certain improvements, all to serve and benefit said District that is comprised of zones located throughout the City of Grand Terrace and said area is shown and delineated on C.10.e Packet Pg. 394 At t a c h m e n t : 5 . R e s o l u t i o n - I n t e n t i o n ( t o p u b l i s h ) [ R e v i s i o n 5 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the Report of the Engineer, incorporated herein as a part hereof. Reference is hereby made to LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 as the District’s distinctive designation and which is generally located within the City of Grand Terrace as more particularly shown in the Engineer’s Report. REPORT SECTION 3. The City Council hereby refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the District, the improvements, the boundaries of the District and any zones therein, and the proposed assessment upon assessable lots and parcels of land within the District, to pay the costs and expenses associated with the maintenance and operation of lighting, landscaping, and appurtenant facilities and services related thereto. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report," and further it is determined to be in the best public interest and convenience to levy and collect the annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said Report. No assessment increases are proposed for Zones 1, 2, and 3 of the District for the fiscal year 2021-2022 levy, as provided in the Engineer’s Report. There is a proposed assessment increase for the fiscal year 2022-2023 levy for Zone 4, Zone 5, Zone 6 and Zone 7 as detailed in the Engineer’s Report, which also includes a description of the annual assessment inflationary adjustment applicable to District assessments and any proposed new or increased assessments, and the requirement that any increase not exceed the annual change in CPI plus 2 percent, in accordance with the adjustment authorized by the property owners when such zones were annexed into the District. SECTION 5. In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment, and, as a result, shall be collected in installments and held in a reserve account, as noted in the Engineer’s Report. DESCRIPTION OF MAINTENANCE SECTION 6. The assessments levied and collected shall be for the maintenance of certain landscaping and street lighting improvements including but not limited to: C.10.e Packet Pg. 395 At t a c h m e n t : 5 . R e s o l u t i o n - I n t e n t i o n ( t o p u b l i s h ) [ R e v i s i o n 5 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t planting, shrubbery and tree maintenance, light poles, light fixtures and appurtenant facilities as required to provide lighting in public right-of-ways and easements, as set forth in the Engineer's "Report," referenced and so incorporated herein. COUNTY AUDITOR SECTION 7. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 8. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND”, CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION 9. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of the District. NOTICE OF PUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, JULY 12, 2022, AT THE HOUR OF 6:00 P.M. OR SOON THEREAFTER AS FEASIBLE, IN THE CITY C.10.e Packet Pg. 396 At t a c h m e n t : 5 . R e s o l u t i o n - I n t e n t i o n ( t o p u b l i s h ) [ R e v i s i o n 5 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. SECTION 11. The City Clerk is directed to publish this Resolution of Intention pursuant to Government Code Section 6061, said publication to be completed no later than ten (10) days prior to the date set for the Public Hearing. EFFECTIVE DATE SECTION 12. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 13. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Shanita Tillman, Management Analyst CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92313 SECTION 14. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day of May, 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Darcy McNaboe Mayor for the City of Grand Terrace C.10.e Packet Pg. 397 At t a c h m e n t : 5 . R e s o l u t i o n - I n t e n t i o n ( t o p u b l i s h ) [ R e v i s i o n 5 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t ATTEST: _________________________________ Debra L. Thomas City Clerk for the City of Grand Terrace C.10.e Packet Pg. 398 At t a c h m e n t : 5 . R e s o l u t i o n - I n t e n t i o n ( t o p u b l i s h ) [ R e v i s i o n 5 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I, Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022- _______ was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 24th day of May, 2022, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXECUTED this 24th day of May, 2022, at Grand Terrace, California. _________________________________ Debra L. Thomas City Clerk for the City of Grand Terrace [SEAL] C.10.e Packet Pg. 399 At t a c h m e n t : 5 . R e s o l u t i o n - I n t e n t i o n ( t o p u b l i s h ) [ R e v i s i o n 5 ] ( S e t t i n g P u b l i c H e a r i n g f o r 2 0 2 2 - 2 0 2 3 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Resolution Adoption Declaring the City Council's Intention to Conduct and Setting a Public Hearing on July 12, 2022 Relating to Solid Waste, Recycle, Disposal Service, and Waste Collection Rate Increases PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: Adopt Resolution No. 2022-__ declaring the City Council’s intention to conduct and setting a public hearing on July 12, 2022, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 22795 Barton Road, Grand Terrace California to hear matters pertaining to proposed solid waste, recycle, disposal service, and waste collection rate increases. 2030 VISION STATEMENT: This staff report supports Goal #1 “Ensure Our Fiscal Viability” by ensuring appropriate cost recovery for services. BACKGROUND: The solid waste franchise agreement was originally established between the City and USA Waste. In 2007, USA Waste, dba Waste Management of the Inland Empire, sold the Integrated Waste Management Agreement (Franchise Agreement) to Burrtec Waste Industries (Burrtec), and on June 12, 2007, the Council formally approved the transfer of the franchise agreement. Since then, Burrtec has held the franchise agreement. Refuse rates will typically have some level of adjustment due to Consumer Price Index increases, and/or cost related to services such as delivering waste to the landfill. Additionally, the State of California Department of Resources Recycling and Recovery (CalRecycle) has several mandates pertaining to Commercial Recycling and Organics Recycling that are in effect, and enforcement of these mandates has increased for municipalities. To meet requirements, Burrtec has developed rates that the City may adopt to increase compliance. Rate increases are proposed for both residential and commercial customers. DISCUSSION: The last rate adjustment occurred October 12, 2021 and went into effect January 1, C.11 Packet Pg. 400 2022. Burrtec has proposed a rate increase on the basis that it is absorbing rising costs. The rising costs are due, in part, to the increased cost of disposal through the City’s Waste Disposal Agreement with the County of San Bernardino. The cost has increased $1.10 which is a 14.3% increase. The proposed rate increase will take effect on or after July 12, 2022, providing there is less than majority opposition. The various proposed increased rates are provided in Exhibit A of the Resolution. The Council is being asked to direct staff to undertake the appropriate measures to notify the citizens of the City regarding the proposed aforementioned rate adjustments as necessary under Proposition 218. Staff will work with Burrtec to prepare and mail out notices of the proposed rate adjustments, and to schedule a Public Hearing, to be conducted on July 12, 2022, at the hour of 6:00 p.m. at the City Council Chambers, 22795 Barton Road, Grand Terrace California, at which time all persons interested in or objecting to the proposed solid waste and recycling rate adjustments will be heard. Proposition 218 requires that at the public hearing, the City Council must consider all protests against the proposed fee adjustments and if a majority of protests are received prior to the close of the public hearing, the City Council would not be able to impose the proposed adjustments in the rates. A protest may be submitted by either the record owner of the property or by a tenant directly liable for the fees. FISCAL IMPACT: There is no fiscal impact to the City budget by the rate adjustment as it is anticipated that the cost of services will be borne by Burrtec customers. ATTACHMENTS: • Resolution (DOCX) • Exhibit A- Proposed Rates (PDF) • Public Hearing Notice (PDF) APPROVALS: Shanita Tillman Completed 05/11/2022 2:29 PM City Attorney Completed 05/18/2022 3:32 PM City Manager Completed 05/18/2022 3:42 PM City Council Pending 05/24/2022 6:00 PM C.11 Packet Pg. 401 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING AND SETTING A PUBLIC HEARING FOR JULY 12, 2022, AT 6:00 P.M., OR AS SOON THEREAFTER AS FEASIBLE, IN THE CITY COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE CALIFORNIA TO CONSIDER INCREASES TO RESIDENTIAL AND COMMERCIAL REFUSE, RECYCLE, DISPOSAL SERVICE, AND WASTE COLLECTION RATES FOR FISCAL YEARS 2022-2023 WHEREAS, the City of Grand Terrace is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, (hereinafter the “City”); and WHEREAS, the City Council has by previous action entered into a franchise agreement with Burrtec Waste Industries, (hereinafter “Burrtec”), for the collection and disposal of residential and commercial waste within the City; and WHEREAS, Burrtec has requested rate increases to residential and commercial solid waste collection, recycling, and disposal service rates for fiscal years 2022-2023; and WHEREAS, as proposed, the residential rate increase will take effect on or after July 12, 2022, and WHEREAS, as proposed, commercial rates are proposed to be raised effective on or after July 12, 2022; and WHEREAS, the City Council now desires to declare its intention to conduct a Public Hearing concerning residential and commercial solid waste collection, recycling and disposal service rates for Fiscal Years 2022-2023, in accordance with Section 6 of Article 13D of the California Constitution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The preceding recitals are true and correct and incorporated herein by reference. C.11.a Packet Pg. 402 At t a c h m e n t : R e s o l u t i o n ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) SECTION 2: The City Council will consider an adjustment in the service rates for the provision of residential and commercial solid waste collection, recycling, disposal services, and green and food waste collection and it has deemed that the proposed refuse rate adjustments, set forth in Exhibit A are appropriate and reasonable. SECTION 3: The City Council hereby declares its intention to conduct a Public Hearing concerning increases to residential and commercial solid waste collection, recycling, disposal service, and green and food waste collection rates, for Fiscal Years 2022-2023, as provided in Exhibit A in accordance with Section 6 of Article 13D of the California Constitution and notice is hereby given that such Public Hearing on these matters will be held by the City Council on Tuesday, July 12, 2022 at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 22795 Barton Road, Grand Terrace California. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 4: The City Council hereby authorizes and directs the City’s franchise refuse collection services provider, Burrtec Waste Industries, Inc., to provide notice to all residential and commercial refuse/recycling and street sweeping customers within the City, not less than forty-five (45) days prior to the Public Hearing, pursuant to California Government Code Section 53755 and Section 6 of Article 13D of the California Constitution. SECTION 5: The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 12th day of July 2022. __________________________ Darcy McNaboe, Mayor ATTEST: Debra L. Thomas, City Clerk APPROVED AS TO FORM: Adrian R. Guerra, City Attorney C.11.a Packet Pg. 403 At t a c h m e n t : R e s o l u t i o n ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) C.11.a Packet Pg. 404 At t a c h m e n t : R e s o l u t i o n ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Current 1/1/22 Rate Proposed 7/1/22 Rate Current 1/1/22 Rate Proposed 7/1/22 Rate Residential Commercial Front Load Food Waste (Barrels & Bins) Standard - 96 Gallon Trash Barrel 30.62$ 33.58$ Size Freq64 Gallon Trash Barrel 29.12$ 31.87$ 35-Gallon 1 n/a 59.28$ Extra 96 Gallon Trash Barrel 13.26$ 14.15$ 35-Gallon 2 n/a 105.04$ Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 35-Gallon 3 n/a 146.48$ Extra Recycling Barrel 2.49$ 2.66$ 35-Gallon 4 n/a 188.25$ Extra Green Waste Barrel 2.49$ 2.66$ 35-Gallon 5 n/a 238.43$ Backyard/Sideyard Service 15.35$ 16.38$ 35-Gallon 6 n/a 271.20$ Extra Pick-Up (service day)11.50$ 12.26$ 65-Gallon 1 82.82$ 84.69$ Extra Pick-Up (all other days)22.99$ 24.53$ 65-Gallon 2 152.57$ 155.60$ 65-Gallon 3 218.11$ 222.13$ 65-Gallon 4 284.02$ 289.03$ Multi-Family Front Load Refuse 65-Gallon 5 357.98$ 364.40$ Size Freq 65-Gallon 6 415.24$ 422.20$ 2 1 150.88$ 150.88$ 2 2 283.09$ 283.09$ 2 1 325.72$ 332.81$ 2 3 433.97$ 433.97$ 2 2 601.94$ 613.53$ 2 4 584.88$ 584.88$ 2 3 862.24$ 877.52$ 2 5 735.01$ 735.01$ 2 4 1,123.94$ 1,142.98$ 2 6 886.27$ 886.27$ 2 5 1,416.22$ 1,440.59$ Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 2 6 1,645.17$ 1,671.56$ Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$ 3 1 209.03$ 209.03$ 3 2 399.94$ 399.94$ Commercial Front Load Compactor 3 3 609.11$ 609.11$ Size Freq 3 4 830.17$ 830.17$ 2 1 202.78$ 202.78$ 3 5 1,027.33$ 1,027.33$ 2 2 386.56$ 386.56$ 3 6 1,236.09$ 1,236.09$ 2 3 589.36$ 589.36$ Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 792.17$ 792.17$ Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 994.25$ 994.25$ 4 1 277.27$ 277.27$ 2 6 1,197.40$ 1,197.40$ 4 2 536.15$ 536.15$ Extra Pick-Up 2 yd On-Site 34.12$ 34.12$ 4 3 813.57$ 813.57$ Extra Pick-Up 2yd Unscheduled 54.16$ 54.16$ 4 4 1,090.95$ 1,090.95$ 3 1 286.58$ 286.58$ 4 5 1,370.88$ 1,370.88$ 3 2 554.55$ 554.55$ 4 6 1,644.38$ 1,644.38$ 3 3 841.19$ 841.19$ Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 1,127.39$ 1,127.39$ Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 1,414.36$ 1,414.36$ 6 1 406.05$ 406.05$ 3 6 1,700.60$ 1,700.60$ 6 2 793.50$ 793.50$ Extra Pick-Up 3 yd On-Site 46.48$ 46.48$ 6 3 1,200.29$ 1,200.29$ Extra Pick-Up 3yd Unscheduled 66.51$ 66.51$ 6 4 1,605.62$ 1,605.62$ 4 1 380.52$ 380.52$ 6 5 2,011.67$ 2,011.67$ 4 2 742.30$ 742.30$ 6 6 2,417.73$ 2,417.73$ 4 3 1,122.98$ 1,122.98$ Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 1,503.62$ 1,503.62$ Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,884.31$ 1,884.31$ Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 4 6 2,263.54$ 2,263.54$ Extra Pick-Up 4 yd On-Site 58.83$ 58.83$ Extra Pick-Up 4yd Unscheduled 78.86$ 78.86$ EXHIBIT A CITY OF GRAND TERRACE PROPOSED RATE INCREASE Service Type Service Type 2022 Grand Terrace Rates 5-3-22_City File 218 1 C.11.b Packet Pg. 405 At t a c h m e n t : E x h i b i t A - P r o p o s e d R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Current 1/1/22 Rate Proposed 7/1/22 Rate Current 1/1/22 Rate Proposed 7/1/22 Rate EXHIBIT A CITY OF GRAND TERRACE PROPOSED RATE INCREASE Service Type Service Type Commercial Front Load Refuse Commercial Front Load Green Waste (Barrels & Bins) Size Freq Size Freq 96-Gallon 1 43.65$ 44.24$ 35-Gallon 1 n/a 39.66$ 35-Gallon 2 n/a 65.79$ 2 1 149.49$ 149.49$ 35-Gallon 3 n/a 87.60$ 2 2 280.36$ 280.36$ 35-Gallon 4 n/a 109.77$ 2 3 429.84$ 429.84$ 35-Gallon 5 n/a 140.31$ 2 4 579.39$ 579.39$ 35-Gallon 6 n/a 153.48$ 2 5 728.14$ 728.14$ 65-Gallon 1 n/a 43.37$ 2 6 878.03$ 878.03$ 65-Gallon 2 n/a 73.12$ Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 65-Gallon 3 n/a 98.55$ Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$ 65-Gallon 4 n/a 124.33$ 3 1 206.95$ 206.95$ 65-Gallon 5 n/a 158.48$ 3 2 395.77$ 395.77$ 65-Gallon 6 n/a 175.28$ 3 3 602.87$ 602.87$ 3 4 821.84$ 821.84$ 2 1 122.51$ 131.64$ 3 5 1,016.93$ 1,016.93$ 2 2 226.38$ 243.65$ 3 6 1,223.60$ 1,223.60$ 2 3 348.88$ 375.31$ Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 471.41$ 507.00$ Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 593.20$ 637.87$ 4 1 274.50$ 274.50$ 2 6 716.07$ 769.88$ 4 2 530.60$ 530.60$ Add. Pickup (on-site)18.52$ 19.93$ 4 3 805.23$ 805.23$ Add. Pickup (unsched)38.56$ 41.29$ 4 4 1,079.84$ 1,079.84$ 3 1 166.47$ 179.29$ 4 5 1,356.95$ 1,356.95$ 3 2 314.79$ 339.45$ 4 6 1,627.66$ 1,627.66$ 3 3 481.42$ 518.87$ Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 659.91$ 710.78$ Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 814.49$ 877.54$ 6 1 401.89$ 401.89$ 3 6 980.68$ 1,056.52$ 6 2 785.19$ 785.19$ Add. Pickup (on-site)23.06$ 24.87$ 6 3 1,187.81$ 1,187.81$ Add. Pickup (unsched)43.10$ 46.23$ 6 4 1,589.00$ 1,589.00$ 4 1 220.52$ 237.48$ 6 5 1,990.89$ 1,990.89$ 4 2 422.63$ 455.66$ 6 6 2,392.78$ 2,392.78$ 4 3 643.26$ 693.27$ Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 863.93$ 930.90$ Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,087.06$ 1,171.18$ Extra 96 Gallon Trash Barrel 12.30$ 13.11$ 4 6 1,303.78$ 1,404.70$ Add. Pickup (on-site)27.63$ 29.81$ Commercial & Multi-Family Front Load Recycling Add. Pickup (unsched)47.66$ 51.17$ Size Freq 65-Gallon 1 n/a 37.61$ 65-Gallon 2 n/a 61.62$ Miscellaneous Services 65-Gallon 3 n/a 81.28$ Temporary Bin - 3 yd (7-days)113.90$ 113.90$ Burned Bin 362.35$ 386.34$ 95-Gallon nc n/a Bin Exchanges 76.36$ 81.42$ Extra 95-Gallon 2.31$ n/a Barrel Exchange (one exchange per year at no 17.87$ 19.07$ charge, does not apply to graffiti or 2 1 106.18$ 106.18$ damaged barrels22193.71$ 193.71$ Lock Rental (Monthly)15.55$ 16.57$ 2 3 306.67$ 306.67$ Lost or Stolen Bin 647.04$ 689.86$ 2 4 415.24$ 415.24$ Lost or Stolen Barrel 77.00$ 82.16$ 2 5 523.05$ 523.05$ Overage 43.46$ 46.33$ 2 6 631.97$ 631.97$ Replaced Key 6.47$ 6.90$ Extra Pick-Up 2 yd On-Site n/a 13.73$ Locks - Replaced Lock 32.35$ 34.49$ Extra Pick-Up 2yd Unscheduled n/a 33.51$ Bulky pick-up (1st item)30.92$ 32.95$ 3 1 141.98$ 141.98$ Bulky pick-up (each add't item)18.24$ 19.44$ 3 2 265.78$ 265.78$ Bin Enclosure clean-up (per hour)52.49$ 55.95$ 3 3 417.45$ 417.45$ Contamination (barrel/bin for recycling/gw/fw)59.40$ 63.33$ 3 4 574.89$ 574.89$ Tilthopper 39.02$ 41.60$ 3 5 708.06$ 708.06$ 3 6 853.01$ 853.01$ Certificate of Destruction Extra Pick-Up 3 yd On-Site n/a 17.04$ Taken to San Bernardino County Landfill (per ton)124.60$ 132.95$ Extra Pick-Up 3yd Unscheduled n/a 36.87$ 2022 Grand Terrace Rates 5-3-22_City File 218 2 C.11.b Packet Pg. 406 At t a c h m e n t : E x h i b i t A - P r o p o s e d R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Current 1/1/22 Rate Proposed 7/1/22 Rate Current 1/1/22 Rate Proposed 7/1/22 Rate EXHIBIT A CITY OF GRAND TERRACE PROPOSED RATE INCREASE Service Type Service Type Commercial & Multi-Family Front Load Recycling Miscellaneous Services 4 1 187.84$ 187.84$ Push Out (per pick-up/month) 4 2 357.31$ 357.31$ 0-25 ft 20.81$ 22.20$ 4 3 557.99$ 557.99$ 26-50 ft 41.61$ 44.40$ 4 4 750.28$ 750.28$ 51-75 ft 62.42$ 88.80$ 4 5 945.17$ 945.17$ Over 75 ft Scout Service Required 4 6 1,133.49$ 1,133.49$ Rate $150 per hour Extra Pick-Up 4 yd On-Site n/a 19.62$ Extra Pick-Up 4yd Unscheduled n/a 39.44$ 6 1 271.90$ 271.90$ 6 2 525.22$ 525.22$ 6 3 816.65$ 816.65$ 6 4 1,094.20$ 1,094.20$ 6 5 1,372.50$ 1,372.50$ 6 6 1,650.76$ 1,650.76$ Extra Pick-Up 6 yd On-Site n/a 22.55$ Extra Pick-Up 6yd Unscheduled n/a 42.34$ Roll-Off & Compactor Services 10 yard (plus disposal)246.51$ 262.60$ 20 yard (plus disposal)246.51$ 262.60$ 40 yard (plus disposal)246.51$ 262.60$ 40 yard Compactor (plus disposal)275.05$ 293.01$ 40 yard Recycling (plus processing)242.85$ 258.94$ 40 yard Green Waste (plus disposal)242.85$ 258.94$ Refuse Per Ton 58.99$ 65.40$ Temp 10,20,40 7-day, (6 Ton Max)629.02$ 685.46$ End Dump (per hour)201.20$ 214.69$ Liner for Roll-Off 119.57$ 127.58$ Relocation/Extra Trip 83.59$ 89.11$ Rental Fee (minimum every 7-days)32.40$ 34.54$ 2022 Grand Terrace Rates 5-3-22_City File 218 3 C.11.b Packet Pg. 407 At t a c h m e n t : E x h i b i t A - P r o p o s e d R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE May 24, 2022 Dear Grand Terrace Refuse Customer or Property Owner: NOTICE IS HEREBY GIVEN that the Grand Terrace City Council will conduct a Public Hearing on the 12th day of July 2022, at the hour of 6:00 p.m. at the City Council Chambers, located at 22795 Barton Road, Grand Terrace, California 92313, regarding proposed rate increases for Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) in compliance with Proposition 218. At the public hearing, the City Council will consider all public comments in support of and in opposition to the proposed rate increases and whether or not a Majority Protest exists pursuant to the California Constitution. REASON FOR PROPOSED SOLID WASTE INCREASE AND BASIS UPON WHICH THE PROPOSED RATE INCREASE IS CALCULATED The City of Grand Terrace has a franchise agreement with Burrtec Waste Industries (“Burrtec”) for the provision of Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection). Burrtec charges rates to recover costs associated with providing those services to customers. Burrtec is seeking rate increases to account for changes in its costs to provide Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) in the City due to cost increases (including passthrough costs). Burrtec’s costs generally include labor, equipment, gas, and the fees charged by waste processing sites. RESIDENTIAL: For Residential Service, the proposed rate adjustments represent pass through cost increases in the refuse disposal, green waste processing and recyclables processing components of the rate. Burrtec did not request a Consumer Price Index (“CPI”) increase on their service component. Other rate component adjustments include: •$0.09 increase in Pavement Impact Fees per service address •$0.35 increase in Franchise Fees per service address The proposed rate adjustment for the Standard 96-gallon barrel service is $2.96 per month. The proposed rate adjustment for the 64-gallon barrel service is $2.75 per month. Please see the attached rate table for all proposed rates. COMMERCIAL: For Commercial Service, the proposed rate adjustments depend on the option selected by the customer as it relates to container size and frequency. The proposed rate adjustments represent a .90 % CPI adjustment (CPI = 90% of February year over year change for Series ID CUURS49ASA0 (LA-Long Beach-Anaheim). February 2022 increased 7.4% from February 2021. CPI used was 90% of 7.4% = 6.7%) in service costs C.11.c Packet Pg. 408 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE as well as pass through cost increases in the refuse disposal, green waste processing, food waste processing and recyclables processing components of the various service rates. Other rate component adjustments include: •$0.01 increase in Pavement Impact Fees per service address •$0.08 increase in Franchise Fees per service address Please see the attached rate table for all proposed rates. MULTl-FAMILY HOUSING: For Multi-Family Housing, the proposed rate adjustments depend on the option selected by the customer as it relates to container size and frequency. The proposed rate adjustments represent a .90% CPI adjustment (CPI = 90% of February year over year change for Series ID CUURS49ASA0 (LA-Long Beach-Anaheim). February 2022 increased 7.4% from February 2021. CPI used was 90% of 7.4% = 6.7%) in service costs as well as pass through cost increases in the refuse disposal, green waste processing, and recyclables processing components of the various service rates. Other rate component adjustments include: •3.5% increase in Pavement Impact Fees per service address •$0.35 increase in Franchise Fees per service address Please see the attached rate table for all proposed rates. PROTEST PROCEDURE Proposition 218 prohibits the City from implementing an increase in the rates if a majority of the affected property owners or tenants file written protests opposing the rates before the end of the public hearing. To count toward this majority, you can submit your written protest to the City following the requirements listed below, or hand deliver it at the public hearing before public testimony closes. Only one written protest per affected property may be counted towards the majority protest. Under Section 6 of Article XIII D of the California Constitution, any of the following persons may submit a written protest against the Proposed Rate Increase to the City Clerk, before the close of the public hearing referenced above: •Any owner of property (parcel(s)) receiving Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) within the City limits. If the person(s) signing the protest, as an owner, is C.11.c Packet Pg. 409 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE not shown on the last equalized assessment roll as the owner of the parcel(s), then the protest must contain or be accompanied by written evidence the person signing the protest is the owner of the parcel(s) receiving Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection); and/or •A tenant-customer(s) whose name appears as the customer of record for the corresponding parcel receiving Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) within the City limits. A valid protest must be (1) written, (2) have a clear statement of protest of the increase in the Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) rates, (3) identify the legal interest of the person protesting, and (4) identify the address or assessor parcel number of the property. In order to be valid, a protest must bear the name and the original signature of the party with an interest in the property identified on the protest. Protests not bearing the original signature shall not be counted. If applicable, the protest should also include the account number related to the Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection). Protests shall be submitted to the City Clerk for the City, either by delivery (mail or personal) to the City Clerk’s Office or by submitting the protest at the public hearing before the close of public testimony. Written protests will not be accepted by e-mail or by facsimile. No postmarks will be accepted. Although oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest, the City Council welcomes input from the community during the public hearing on the Proposed Rate Increases. Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or record customer who submitted both the protest and the request that it be withdrawn. To ensure transparency and accountability in the fee protest tabulation, protests shall constitute disclosable public records from when they are received. Written protests regarding the proposed rate increase may be mailed to: C.11.c Packet Pg. 410 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE ATTENTION: CITY CLERK City of Grand Terrace 22795 Barton Rd. Grand Terrace, CA 92313-5295 Please identify on the front of the envelope that the enclosed letter is for the "2022-2023 Solid Waste Rate Increase Public Hearing". Any mailed protest must be received by the City Clerk, before 5:00 p.m. on July 12th, 2022. Written protests may also be personally delivered to the City Clerk at 22795 Barton Rd., Grand Terrace, California 92313-5295 on July 12th, 2022, before the public testimony portion of the public hearing is closed. If valid written protests are presented by a majority of owners and/or tenants-customers of parcels receiving Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) within the City limits, then the City will not adjust/ increase the Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) rates. Only one protest per parcel will be counted in determining whether or not a majority protest exists. If approved, the proposed rates will go into effect on July 12, 2022. Should you have any questions regarding the rate hearing or the proposed increase, please contact Burrtec at (909) 889-1969 or the City of Grand Terrace at 909-824-6621. Sincerely, Shanita Tillman Public Works Management Analyst C.11.c Packet Pg. 411 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Current 1/1/22 Rate Proposed 7/1/22 Rate Current 1/1/22 Rate Proposed 7/1/22 Rate Residential Commercial Front Load Food Waste (Barrels & Bins) Standard - 96 Gallon Trash Barrel 30.62$ 33.58$ Size Freq64 Gallon Trash Barrel 29.12$ 31.87$ 35-Gallon 1 n/a 59.28$ Extra 96 Gallon Trash Barrel 13.26$ 14.15$ 35-Gallon 2 n/a 105.04$ Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 35-Gallon 3 n/a 146.48$ Extra Recycling Barrel 2.49$ 2.66$ 35-Gallon 4 n/a 188.25$ Extra Green Waste Barrel 2.49$ 2.66$ 35-Gallon 5 n/a 238.43$ Backyard/Sideyard Service 15.35$ 16.38$ 35-Gallon 6 n/a 271.20$ Extra Pick-Up (service day)11.50$ 12.26$ 65-Gallon 1 82.82$ 84.69$ Extra Pick-Up (all other days)22.99$ 24.53$ 65-Gallon 2 152.57$ 155.60$ 65-Gallon 3 218.11$ 222.13$ 65-Gallon 4 284.02$ 289.03$ Multi-Family Front Load Refuse 65-Gallon 5 357.98$ 364.40$ Size Freq 65-Gallon 6 415.24$ 422.20$ 2 1 150.88$ 150.88$ 2 2 283.09$ 283.09$ 2 1 325.72$ 332.81$ 2 3 433.97$ 433.97$ 2 2 601.94$ 613.53$ 2 4 584.88$ 584.88$ 2 3 862.24$ 877.52$ 2 5 735.01$ 735.01$ 2 4 1,123.94$ 1,142.98$ 2 6 886.27$ 886.27$ 2 5 1,416.22$ 1,440.59$ Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 2 6 1,645.17$ 1,671.56$ Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$ 3 1 209.03$ 209.03$ 3 2 399.94$ 399.94$ Commercial Front Load Compactor 3 3 609.11$ 609.11$ Size Freq 3 4 830.17$ 830.17$ 2 1 202.78$ 202.78$ 3 5 1,027.33$ 1,027.33$ 2 2 386.56$ 386.56$ 3 6 1,236.09$ 1,236.09$ 2 3 589.36$ 589.36$ Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 792.17$ 792.17$ Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 994.25$ 994.25$ 4 1 277.27$ 277.27$ 2 6 1,197.40$ 1,197.40$ 4 2 536.15$ 536.15$ Extra Pick-Up 2 yd On-Site 34.12$ 34.12$ 4 3 813.57$ 813.57$ Extra Pick-Up 2yd Unscheduled 54.16$ 54.16$ 4 4 1,090.95$ 1,090.95$ 3 1 286.58$ 286.58$ 4 5 1,370.88$ 1,370.88$ 3 2 554.55$ 554.55$ 4 6 1,644.38$ 1,644.38$ 3 3 841.19$ 841.19$ Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 1,127.39$ 1,127.39$ Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 1,414.36$ 1,414.36$ 6 1 406.05$ 406.05$ 3 6 1,700.60$ 1,700.60$ 6 2 793.50$ 793.50$ Extra Pick-Up 3 yd On-Site 46.48$ 46.48$ 6 3 1,200.29$ 1,200.29$ Extra Pick-Up 3yd Unscheduled 66.51$ 66.51$ 6 4 1,605.62$ 1,605.62$ 4 1 380.52$ 380.52$ 6 5 2,011.67$ 2,011.67$ 4 2 742.30$ 742.30$ 6 6 2,417.73$ 2,417.73$ 4 3 1,122.98$ 1,122.98$ Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 1,503.62$ 1,503.62$ Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,884.31$ 1,884.31$ Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 4 6 2,263.54$ 2,263.54$ Extra Pick-Up 4 yd On-Site 58.83$ 58.83$ Extra Pick-Up 4yd Unscheduled 78.86$ 78.86$ EXHIBIT A CITY OF GRAND TERRACE PROPOSED RATE INCREASE Service Type Service Type 2022 Grand Terrace Rates 5-3-22_City File 218 1 C.11.c Packet Pg. 412 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Current 1/1/22 Rate Proposed 7/1/22 Rate Current 1/1/22 Rate Proposed 7/1/22 Rate EXHIBIT A CITY OF GRAND TERRACE PROPOSED RATE INCREASE Service Type Service Type Commercial Front Load Refuse Commercial Front Load Green Waste (Barrels & Bins) Size Freq Size Freq 96-Gallon 1 43.65$ 44.24$ 35-Gallon 1 n/a 39.66$ 35-Gallon 2 n/a 65.79$ 2 1 149.49$ 149.49$ 35-Gallon 3 n/a 87.60$ 2 2 280.36$ 280.36$ 35-Gallon 4 n/a 109.77$ 2 3 429.84$ 429.84$ 35-Gallon 5 n/a 140.31$ 2 4 579.39$ 579.39$ 35-Gallon 6 n/a 153.48$ 2 5 728.14$ 728.14$ 65-Gallon 1 n/a 43.37$ 2 6 878.03$ 878.03$ 65-Gallon 2 n/a 73.12$ Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 65-Gallon 3 n/a 98.55$ Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$ 65-Gallon 4 n/a 124.33$ 3 1 206.95$ 206.95$ 65-Gallon 5 n/a 158.48$ 3 2 395.77$ 395.77$ 65-Gallon 6 n/a 175.28$ 3 3 602.87$ 602.87$ 3 4 821.84$ 821.84$ 2 1 122.51$ 131.64$ 3 5 1,016.93$ 1,016.93$ 2 2 226.38$ 243.65$ 3 6 1,223.60$ 1,223.60$ 2 3 348.88$ 375.31$ Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 471.41$ 507.00$ Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 593.20$ 637.87$ 4 1 274.50$ 274.50$ 2 6 716.07$ 769.88$ 4 2 530.60$ 530.60$ Add. Pickup (on-site)18.52$ 19.93$ 4 3 805.23$ 805.23$ Add. Pickup (unsched)38.56$ 41.29$ 4 4 1,079.84$ 1,079.84$ 3 1 166.47$ 179.29$ 4 5 1,356.95$ 1,356.95$ 3 2 314.79$ 339.45$ 4 6 1,627.66$ 1,627.66$ 3 3 481.42$ 518.87$ Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 659.91$ 710.78$ Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 814.49$ 877.54$ 6 1 401.89$ 401.89$ 3 6 980.68$ 1,056.52$ 6 2 785.19$ 785.19$ Add. Pickup (on-site)23.06$ 24.87$ 6 3 1,187.81$ 1,187.81$ Add. Pickup (unsched)43.10$ 46.23$ 6 4 1,589.00$ 1,589.00$ 4 1 220.52$ 237.48$ 6 5 1,990.89$ 1,990.89$ 4 2 422.63$ 455.66$ 6 6 2,392.78$ 2,392.78$ 4 3 643.26$ 693.27$ Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 863.93$ 930.90$ Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,087.06$ 1,171.18$ Extra 96 Gallon Trash Barrel 12.30$ 13.11$ 4 6 1,303.78$ 1,404.70$ Add. Pickup (on-site)27.63$ 29.81$ Commercial & Multi-Family Front Load Recycling Add. Pickup (unsched)47.66$ 51.17$ Size Freq 65-Gallon 1 n/a 37.61$ 65-Gallon 2 n/a 61.62$ Miscellaneous Services 65-Gallon 3 n/a 81.28$ Temporary Bin - 3 yd (7-days)113.90$ 113.90$ Burned Bin 362.35$ 386.34$ 95-Gallon nc n/a Bin Exchanges 76.36$ 81.42$ Extra 95-Gallon 2.31$ n/a Barrel Exchange (one exchange per year at no 17.87$ 19.07$ charge, does not apply to graffiti or 2 1 106.18$ 106.18$ damaged barrels22193.71$ 193.71$ Lock Rental (Monthly)15.55$ 16.57$ 2 3 306.67$ 306.67$ Lost or Stolen Bin 647.04$ 689.86$ 2 4 415.24$ 415.24$ Lost or Stolen Barrel 77.00$ 82.16$ 2 5 523.05$ 523.05$ Overage 43.46$ 46.33$ 2 6 631.97$ 631.97$ Replaced Key 6.47$ 6.90$ Extra Pick-Up 2 yd On-Site n/a 13.73$ Locks - Replaced Lock 32.35$ 34.49$ Extra Pick-Up 2yd Unscheduled n/a 33.51$ Bulky pick-up (1st item)30.92$ 32.95$ 3 1 141.98$ 141.98$ Bulky pick-up (each add't item)18.24$ 19.44$ 3 2 265.78$ 265.78$ Bin Enclosure clean-up (per hour)52.49$ 55.95$ 3 3 417.45$ 417.45$ Contamination (barrel/bin for recycling/gw/fw)59.40$ 63.33$ 3 4 574.89$ 574.89$ Tilthopper 39.02$ 41.60$ 3 5 708.06$ 708.06$ 3 6 853.01$ 853.01$ Certificate of Destruction Extra Pick-Up 3 yd On-Site n/a 17.04$ Taken to San Bernardino County Landfill (per ton)124.60$ 132.95$ Extra Pick-Up 3yd Unscheduled n/a 36.87$ 2022 Grand Terrace Rates 5-3-22_City File 218 2 C.11.c Packet Pg. 413 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Current 1/1/22 Rate Proposed 7/1/22 Rate Current 1/1/22 Rate Proposed 7/1/22 Rate EXHIBIT A CITY OF GRAND TERRACE PROPOSED RATE INCREASE Service Type Service Type Commercial & Multi-Family Front Load Recycling Miscellaneous Services 4 1 187.84$ 187.84$ Push Out (per pick-up/month) 4 2 357.31$ 357.31$ 0-25 ft 20.81$ 22.20$ 4 3 557.99$ 557.99$ 26-50 ft 41.61$ 44.40$ 4 4 750.28$ 750.28$ 51-75 ft 62.42$ 88.80$ 4 5 945.17$ 945.17$ Over 75 ft Scout Service Required 4 6 1,133.49$ 1,133.49$ Rate $150 per hour Extra Pick-Up 4 yd On-Site n/a 19.62$ Extra Pick-Up 4yd Unscheduled n/a 39.44$ 6 1 271.90$ 271.90$ 6 2 525.22$ 525.22$ 6 3 816.65$ 816.65$ 6 4 1,094.20$ 1,094.20$ 6 5 1,372.50$ 1,372.50$ 6 6 1,650.76$ 1,650.76$ Extra Pick-Up 6 yd On-Site n/a 22.55$ Extra Pick-Up 6yd Unscheduled n/a 42.34$ Roll-Off & Compactor Services 10 yard (plus disposal)246.51$ 262.60$ 20 yard (plus disposal)246.51$ 262.60$ 40 yard (plus disposal)246.51$ 262.60$ 40 yard Compactor (plus disposal)275.05$ 293.01$ 40 yard Recycling (plus processing)242.85$ 258.94$ 40 yard Green Waste (plus disposal)242.85$ 258.94$ Refuse Per Ton 58.99$ 65.40$ Temp 10,20,40 7-day, (6 Ton Max)629.02$ 685.46$ End Dump (per hour)201.20$ 214.69$ Liner for Roll-Off 119.57$ 127.58$ Relocation/Extra Trip 83.59$ 89.11$ Rental Fee (minimum every 7-days)32.40$ 34.54$ 2022 Grand Terrace Rates 5-3-22_City File 218 3 C.11.c Packet Pg. 414 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Approve a Capital Improvement Program for FY 2022/23 through 2026/27 and Adopt Resolution for SB 1: RMRA Projects for FY 2022/23 PRESENTED BY: Kamran Dadbeh, Interim City Engineer RECOMMENDATION: Approve AN UPDATED 5 YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022/23 THROUGH 2026/27 Adopt A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEARS 2022/23 THROUGH 2026/27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. BACKGROUND: On November 1, 2017, the State Controller began depositing funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). This new funding is apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. To be eligible for RMRA funding, cities and counties must provide basic annual project reporting to the California Transportation Commission (CTC), including submittal of a list of projects each fiscal year proposed for funding in a resolution adopted by the City Council. DISCUSSION: The City of Grand Terrace takes pride in ensuring that its City streets are in adequate condition. While it is our goal to have all streets resurfaced, it also comes at a cost, and the funds acquired from the State and the County allow the City to continue to improve the state of the streets and guarantee safety is maintained. The City Engineer has examined the City’s CIP project list that was adopted last year, and years’ past. Modifications were needed to align the project list with the budget available. Staff is submitting for Council approval an updated proposed five-year CIP C.12 Packet Pg. 415 project list and estimated budget as provided in Exhibit A. A visual presentation of Exhibit A is also included with this report. Staff is also recommending that Council adopt a resolution approving the Fiscal Year 2022/23 CIP list of projects to be submitted to the CTC for RMRA funding. A City Council approved resolution is required for allocation of funding for next fiscal year for RMRA funding. Staff will return to the City Council for award of proposed projects. CEQA FINDING: Paving projects are categorically exempt from review under the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations. FISCAL IMPACT: The five-year CIP will be funded by a combination of Measure “I”, RMRA, ARPA, and Gas Tax funds. ATTACHMENTS: • 5 year CIP CC Report attachment (PDF) • 5 Year 2022-2027 CIP map CC Report attachment (PDF) • Grand Terrace RMRA Resolution (DOCX) • RMRA Resolution Exhibit A (PDF) APPROVALS: Shanita Tillman Completed 05/13/2022 1:44 PM Kamran Dadbeh Skipped 05/10/2022 4:50 PM City Attorney Completed 05/17/2022 10:01 AM Finance Completed 05/17/2022 10:24 AM City Manager Completed 05/17/2022 2:51 PM City Council Pending 05/24/2022 6:00 PM C.12 Packet Pg. 416 CIP FY 2022-23 THROUGH 2026-27 RESURFACING PROJECT FISCAL YEAR Budget STREET NAME FROM TO 2022-23 $2,000,000 MOUNT VERNON MAIN ST BARTON RD LA CADENA DRIVE LITTON AVE BARTON RD MICHIGAN AVE W MAIN ST COMMERCE WAY PICO ST CDS (WEST END) EAST END 2023-24 $1,000,000 MAIN ST RR TRACKS (WEST END) EAST END VAN BUREN ST MOUNT VERNON AVE OBSERVATION DR 2024-25 $1,000,000 BARTON RD MOUNT VERNON AVE GRAND TERRACE RD DE BERRY ST WEST END MICHIGAN ST 2025-26 $1,000,000 DE BERRY ST MICHIGAN ST EAST END MOUNT VERNON BARTON RD BRENTWOOD ST 2026-27 $1,000,000 MOUNT VERNON BRENTWOOD ST CITY LIMIT PALM AVE BARTON RD HONEY HILL DR GRAND TERRACE NEWPORT AVE BARTON RD C.12.a Packet Pg. 417 At t a c h m e n t : 5 y e a r C I P C C R e p o r t a t t a c h m e n t ( A d o p t i o n o f F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) C.12.b Packet Pg. 418 At t a c h m e n t : 5 Y e a r 2 0 2 2 - 2 0 2 7 C I P m a p C C R e p o r t a t t a c h m e n t ( A d o p t i o n o f F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure City of Grand Terrace residents are aware of the projects proposed for funding in this community and which projects have been completed each fiscal year; and WHEREAS, the City Council of the City of Grand Terrace must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $282,600 in RMRA funding in Fiscal Year 2022-23 from SB 1; and WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment: and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate numerous streets and add active transportation infrastructure throughout the City this year and in future years; and C.12.c Packet Pg. 419 At t a c h m e n t : G r a n d T e r r a c e R M R A R e s o l u t i o n [ R e v i s i o n 3 ] ( A d o p t i o n o f F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help to increase the overall quality of the road system and over the next decade will bring City streets and roads into a “good” condition; and WHEREAS, the SB 1 projects and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits statewide; and WHEREAS, the City is committed to use the RMRA apportionments received and report on them as required by statute and in accordance with the program guidelines adopted by the California Transportation Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated herein as findings and made a material part of this Resolution. SECTION 2. The list of proposed streets presented in Exhibit A is hereby approved, adopted, and funded in-part or solely with fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues. SECTION 3. This Resolution shall go into full force and effect immediately. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the ___ day of ____ 2022. ________________________________ Darcy McNaboe Mayor ATTEST: ________________________________ Debra L. Thomas City Clerk C.12.c Packet Pg. 420 At t a c h m e n t : G r a n d T e r r a c e R M R A R e s o l u t i o n [ R e v i s i o n 3 ] ( A d o p t i o n o f F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) APPROVED AS TO FORM: ________________________________ Adrian R. Guerra City Attorney C.12.c Packet Pg. 421 At t a c h m e n t : G r a n d T e r r a c e R M R A R e s o l u t i o n [ R e v i s i o n 3 ] ( A d o p t i o n o f F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) ATTACHMENT A Year 2022-2023 Pavement Rehabilitation FY 2022-2023 Year Grand Total = $280,848 93,616 SF $3.00 /SF $280,848 Street Description From To L W Area PCI UsefulLife(Years) Complet ion Date Ddate PICO ST Pavement Rehab CDS (WEST END) GARDEN AVE 584.. 32. 18,688. 32 2.3 2.8 1.5 6/2023 PICO ST Pavement Rehab REED AVE MOUNT VERNON AV 1,264.. 32. 40,448. 33 06/2023 MICHIGAN Pavement Rehab DE BERRY ST REED AVE 862.. 40. 34,480. 33 06/2023 C.12.d Packet Pg. 422 At t a c h m e n t : R M R A R e s o l u t i o n E x h i b i t A ( A d o p t i o n o f F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Adoption of Resolutions Submitting a Transient Occupancy Tax to the City’s Voters at the November 8, 2022 Election PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: Adopt the following Resolutions: A Resolution submitting the Transient Occupancy Tax to the City’s voters at the November 8, 2022, election. A Resolution authorizing primary arguments (and setting priorities for choosing thereof) and directing the City Attorney to Draft an Impartial Analysis concerning the Transient Occupancy Tax. A Resolution authorizing rebuttal arguments concerning the Transient Occupancy Tax. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” because a transient occupancy tax, if approved by the City’s voters, would be a potential additional revenue source for the City. BACKGROUND: Revenue and Taxation Code Sections 7280 et seq. permits the City to impose a transient occupancy tax upon the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging. This is commonly known as a “Transient Occupancy Tax.” The City currently does not have a transient occupancy tax. DISCUSSION: I. Proposed Transient Occupancy Tax Measure As stated above, the City has the authority to impose a Transient Occupancy Tax (“TOT”) under California law. The proposed TOT ordinance, if adopted by the voters, would impose a transient occupancy tax at the maximum tax rate of 10%. It would also add a new Chapter 3.30 to the Municipal Code that outlines various procedures for the administration and collection of the tax. The proposed TOT ordinance also allows the City Council to adjust the tax rate by resolution, provided it does not exceed the voter- approved 10% maximum. G.13 Packet Pg. 423 If adopted, the estimated annual revenue from the TOT would be between $10,000 and $250,000. Note that the TOT is drafted such that it is also applicable to non-traditional hotels. II. Three Election Resolutions Three election resolutions concerning the proposed TOT Measure are presented to the City Council’s consideration: The first resolution orders the submission of the proposed TOT Measure to the voters at the November 8, 2022, election, and requests that the election concerning the TOT Measure be consolidated with the County-wide election occurring on the same date. The second resolution is concerned with written arguments (both in favor and against) about the TOT Measure, as well as directing the City Attorney to prepare an impartial analysis of the proposed TOT Measure. The third resolution provides for the filing of rebuttal arguments to the primary written arguments. The rebuttal arguments are prepared by the opposite authors of the primary written arguments. III. Issues Concerning the Election Resolutions a. Ballot Label. The first resolution includes a “ballot label” (commonly known as the “ballot question”) which describes the proposed TOT Measure, and which is the question presented to the voters. Ballot labels are limited to 75 words or less. The Council may revise the language used for the ballot label within the following state law restrictions: i. “If the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.” (Election Code section 13119(b).) ii. “The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.” (Election Code section 13119(c).) This TOT Measure is a general tax and the revenue will be deposited into the General Fund and may be spent for unrestricted general revenue purposes; the ballot label may make reference to possible uses (while not committing the revenue to those uses). b. Argument Authorization. The second resolution authorizes, but does not require, all councilmembers to write arguments concerning the ballot G.13 Packet Pg. 424 measure; however, the City Council may, instead, authorize certain councilmembers to write arguments. However, if three or more Councilmembers jointly write a ballot argument, then the Brown Act will require the collaboration to occur at a noticed public meeting. c. Rebuttals. Rebuttal arguments are optional under state law and are allowed at the discretion of the City Council. If the City Council does not desire to authorize rebuttal arguments, then Council should not approve this third election resolution. IV. Procedures A two-thirds (i.e., 4 Councilmembers) vote of all members of the City Council (Gov’t Code § 53724(b)) will be required to pass the resolution to order the submission of the proposed TOT Measure to the voters. Passage of the TOT Measure will require approval by a majority of the voters. The proposed taxes will generate revenue, deposited in the general fund, available for any general governmental purpose. Thus, the taxes are considered “general taxes.” Under Proposition 218, the levy of a new general tax must be approved by a majority of voters. (Cal. Const. art. 13C, § 2(b).). FISCAL IMPACT: The total cost of submitting the TOT Measure to the City’s voters at the November 8, 2022, general election is estimated to be $15,000.00. If adopted, the estimated annual revenue from the TOT would be between $10,000 and $250,000. Note that the TOT is drafted such that it is also applicable to non-traditional hotels. ATTACHMENTS: • TOT - Resolution Calling the Election and Requesting Consolidation(DOCX) • TOT - Resolution Authorizing Arguments and Impartial Analysis(DOCX) • TOT - Resolution Authorizing Rebuttal Arguments (DOCX) • (TOT) Proposed TOT Ordinance (DOCX) APPROVALS: Adrian Guerra Completed 05/18/2022 10:47 AM City Attorney Completed 05/18/2022 3:28 PM Finance Completed 05/19/2022 8:29 AM City Manager Completed 05/19/2022 3:08 PM City Council Pending 05/24/2022 6:00 PM G.13 Packet Pg. 425 01247.0007/789793.1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS A MEASURE, WHICH ADDS CHAPTER 3.30 TO TITLE 3 OF THE GRAND TERRACE MUNICIPAL CODE THEREBY ESTABLISHING A GENERAL TRANSIENT OCCUPANCY TAX WITH A MAXIMUM TAX RATE OF 10%; AND, IN ACCORDANCE THEREWITH, REQUESTING THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE SUBMISSION OF THIS MEASURE AT THE CITY’S GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, on May 24, 2022, the City Council of the City of Grand Terrace called for the holding of a General Municipal Election to be held on November 8, 2022, for the purpose of the election of certain City Council members and requested consolidation of the same with the Statewide General Election to be held on the same date; and WHEREAS, the City Council of the City of Grand Terrace desires to submit to the voters at the General Municipal Election on November 8, 2022, a ballot measure to consider adopting a proposed ordinance which adds Chapter 3.30 to Title 3 of the Grand Terrace Municipal Code thereby establishing a general transient occupancy tax with a maximum tax rate of 10% (“TOT Measure”); and WHEREAS, approving the TOT Measure requires approval of the majority of voters at either a general or special municipal election; and WHEREAS, the City Council of the City of Grand Terrace is authorized and directed by statute to submit to the voters the foregoing ballot measure, and the City Council therefore wishes to have the voters consider the same at a General Municipal Election to be held on November 8, 2022; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City of Grand Terrace, the precincts, polling places and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the General Municipal Election and the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the California Elections Code, Sections 306, 9222 and 1301, there is called and ordered to be held in the City of Grand G.13.a Packet Pg. 426 At t a c h m e n t : T O T - R e s o l u t i o n C a l l i n g t h e E l e c t i o n a n d R e q u e s t i n g C o n s o l i d a t i o n [ R e v i s i o n 4 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) PAGE 2 OF 5 01247.0007/789793.1 Terrace, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of submitting a measure to the voters of the City of Grand Terrace an ordinance which adds Chapter 3.30 to Title 3 of the Grand Terrace Municipal Code thereby establishing a general transient occupancy tax with a maximum tax rate of 10%. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is specified below in Section 2 of this Resolution. The City’s elections official is hereby authorized and directed to make any changes to the text of the proposition or this Resolution as required to conform to any requirements of law. Section 2. That the City Council of the City of Grand Terrace hereby orders the following measure be submitted to the voters at the aforementioned general municipal election: Shall the measure, establishing a general Transient Occupancy Tax imposing a maximum tax rate of 10% of hotel charges upon guests staying in hotels (as defined) and generating approximately $10,000 (current estimate) to $250,000 (if a major hotel is developed within the City of Grand Terrace) in annual revenue until ended by voters, be adopted? YES NO Section 3. That the text of the proposed ordinance as provided above that is to be submitted to the voters is attached as Exhibit “A” to this Resolution (“Ordinance”) and the City Council approves its submission to the voters at the November 8, 2022, general municipal election. The City’s elections official is authorized and directed to make any changes to the text of the Ordinance or this Resolution as required to conform to any requirements of law. Section 4. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast. Section 5. That the City’s elections official is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. That the ballots to be used at the election shall be in form and content as required by law, and that the election shall be held and conducted in the manner prescribed by law. Section 7. That the City Council authorizes its elections official to administer the election and is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 8. Pursuant to California Election Code Section 10242, the polls for the G.13.a Packet Pg. 427 At t a c h m e n t : T O T - R e s o l u t i o n C a l l i n g t h e E l e c t i o n a n d R e q u e s t i n g C o n s o l i d a t i o n [ R e v i s i o n 4 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) PAGE 3 OF 5 01247.0007/789793.1 General Municipal Election shall open at seven o’clock a.m. on the day of the election, and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as otherwise provided in California Election Code Section 14401. Section 9. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted in accordance with the provisions of law regulating municipal and statewide elections, including, but not limited to, Elections Code Section 10418. Section 10. That notice of the time and place of holding the General Municipal Election is hereby given and the City’s elections official is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law. Section 11. That pursuant to Sections 10402 and 10403 of the Elections Code, the San Bernardino County Board of Supervisors is hereby requested to consent and agree to the consolidation of the submission of the aforementioned measure at the General Municipal Election with the election conducted by San Bernardino County to be held on Tuesday, November 8, 2022. Section 12. That the San Bernardino County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 13. That the San Bernardino County Board of Supervisors is requested to issue instructions to the San Bernardino County Registrar of Voters to take any and all necessary steps for the holding of this consolidated election. Section 14. That the City of Grand Terrace recognizes that additional costs will be incurred by San Bernardino County by reason of this consolidation and agrees to reimburse San Bernardino County for any costs. Section 15. That the elections official is hereby directed to file a certified copy of this Resolution with the San Bernardino County Board of Supervisors and the San Bernardino County Registrar of Voters. Section 16. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption. G.13.a Packet Pg. 428 At t a c h m e n t : T O T - R e s o l u t i o n C a l l i n g t h e E l e c t i o n a n d R e q u e s t i n g C o n s o l i d a t i o n [ R e v i s i o n 4 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) PAGE 4 OF 5 01247.0007/789793.1 PASSED, APPROVED AND ADOPTED this 24th day of May, 2022. ________________________________ Darcy McNaboe, Mayor ATTEST: ________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra, City Attorney G.13.a Packet Pg. 429 At t a c h m e n t : T O T - R e s o l u t i o n C a l l i n g t h e E l e c t i o n a n d R e q u e s t i n g C o n s o l i d a t i o n [ R e v i s i o n 4 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) PAGE 5 OF 5 01247.0007/789793.1 Exhibit A Ordinance G.13.a Packet Pg. 430 At t a c h m e n t : T O T - R e s o l u t i o n C a l l i n g t h e E l e c t i o n a n d R e q u e s t i n g C o n s o l i d a t i o n [ R e v i s i o n 4 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789801.1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING THE DRAFTING OF DIRECT ARGUMENTS, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, REGARDING A CITY MEASURE, RELATING TO THE ADOPTION OF A GENERAL TRANSIENT OCCUPANCY TAX, SUBMITTED AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 WHEREAS, a General Municipal Election is to be held in the City of Grand Terrace, California, on November 8, 2022, at which there will be submitted to the voters a ballot measure to consider adopting a proposed ordinance which adds Chapter 3.30 to Title 3 of the Grand Terrace Municipal Code thereby establishing a general transient occupancy tax at the maximum tax rate of 10% (“TOT Measure”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to Election Code §§ 9282 and 9287, the City Council hereby authorizes, but does not require, any or all members of the City Council to file a written argument for the TOT Measure. Section 2. That in the event that more than one argument for or against the TOT Measure is timely submitted, the City Council’s elections official shall give preference and priority first, to arguments submitted by a member of the City Council, as authorized by this Resolution, and second, to individual voters, bona fide associations, or a combination thereof, in the order set forth at California Elections Code § 9287. Section 3. That in accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the TOT Measure: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City’s elections official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City’s elections official, after which time no arguments for or against the TOT Measure may be submitted to the elections official. Section 4. That the City Council hereby directs the City’s elections official to transmit a copy of the TOT Measure to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the TOT Measure, not to exceed five hundred (500) words in length, showing G.13.b Packet Pg. 431 At t a c h m e n t : T O T - R e s o l u t i o n A u t h o r i z i n g A r g u m e n t s a n d I m p a r t i a l A n a l y s i s ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) PAGE 2 OF 2 01247.0007/789801.1 the effect of the TOT Measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the TOT Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the TOT Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official's office at (insert telephone number) and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City’s elections official for the filing of primary arguments. Section 5. That the City’s elections official shall cause the City Attorney’s Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding same. Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of May, 2022. _______________________________ Darcy McNaboe, Mayor ATTEST: _____________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra, City Attorney G.13.b Packet Pg. 432 At t a c h m e n t : T O T - R e s o l u t i o n A u t h o r i z i n g A r g u m e n t s a n d I m p a r t i a l A n a l y s i s ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789811.1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE, RELATING TO THE ADOPTION OF A TRANSIENT OCCUPANCY TAX, SUBMITTED AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 WHEREAS, a General Municipal Election is to be held in the City of Grand Terrace, California, on November 8, 2022, at which there will be submitted to the voters a ballot measure to consider adopting a proposed ordinance which adds Chapter 3.30 to Title 3 of the Grand Terrace Municipal Code thereby establishing a general transient occupancy tax at the maximum tax rate of 10% (“TOT Measure”); WHEREAS, California Elections Code § 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments regarding city measures submitted at municipal election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to Elections Code § 9285, when the City’s elections official has selected the arguments for and against the TOT Measure which will be printed and distributed to the voters, the City’s elections official shall send copies of the argument in favor of the TOT Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The author or a majority of the authors of an argument relating to the TOT Measure may prepare and submit a rebuttal argument not to exceed two hundred and fifty (250) words in length. A rebuttal argument may not be signed by more than five (5) authors. The rebuttal arguments shall be filed with the City Clerk not more than ten (10) days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Section 3. That the provisions of Section 1 of this Resolution shall apply only to the General Municipal Election to be held on November 8, 2022, and shall then be repealed. Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of May, 2020. G.13.c Packet Pg. 433 At t a c h m e n t : T O T - R e s o l u t i o n A u t h o r i z i n g R e b u t t a l A r g u m e n t s [ R e v i s i o n 2 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) PAGE 2 OF 2 2 01247.0007/789811.1 _______________________________ Darcy McNaboe, Mayor ATTEST: _____________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra, City Attorney G.13.c Packet Pg. 434 At t a c h m e n t : T O T - R e s o l u t i o n A u t h o r i z i n g R e b u t t a l A r g u m e n t s [ R e v i s i o n 2 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 ORDINANCE NO. ______ AN ORDINANCE OF THE PEOPLE OF THE CITY OF GRAND TERRACE ADDING CHAPTER 3.30, ENTITLED “TRANSIENT OCCUPANCY TAX” TO TITLE 3 OF THE GRAND TERRACE MUNICIPAL CODE, WHICH ESTABLISHES A TRANSIENT OCCUPANCY TAX WITH A THE MAXIMUM TAX RATE OF 10% WHEREAS, Revenue and Taxation Code Section 7280 et seq. authorizes the City of Grand Terrace to levy a tax upon the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging transient occupancy tax, as defined therein, which is commonly referred to as a “transient occupancy tax:; and WHEREAS, the purpose of this Ordinance is to adopt a transient occupancy tax, as authorized by Revenue and Taxation Code Section 7280 et seq., as a general tax with a maximum tax rate of 10%; and WHEREAS, Article XIIIC, Section 2, of the California Constitution provides that any general tax must be submitted to the electorate and approved by a majority vote of the electorate; and WHEREAS, approving this proposed measure requires approval of the majority of voters at either a general or special municipal election; NOW THEREFORE, ON THE BASIS OF THE FORGOING, THE PEOPLE OF THE CITY OF GRAND TERRACE, AT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.30, entitled “Transient Occupancy Tax” is added to Title 3 of the Grand Terrace Municipal Code as follows: “Chapter 3.30 – Transient Occupancy Tax Section 3.30.010 - Name of tax. The tax levied by this chapter shall be known as the Grand Terrace Transient Occupancy Tax. Section 3.30.020 - Definitions. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: “Hotel” means any structure, or any portion of any structure, which is occupied or intended or designed for temporary occupancy by transients for dwelling, lodging or sleeping purposes. “Hotel” shall include any inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming G.13.d Packet Pg. 435 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 house, apartment house, dormitory, public or private club, mobilehome or house trailer or other building or structure which is occupied, or intended or designed for temporary occupancy by transients for dwelling, lodging or sleeping purposes. “Occupancy” means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. “Operator” means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgage in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether received in money, goods, labor, or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. “Tax administrator” means the city manager of the city, or his or her designee. “Transient” means any person who exercises occupancy or is entitled to occupancy or a space in a hotel by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Section 3.30.030 - Rate. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount established by resolution of the majority of the members of the city council, provided the rate shall not exceed ten (10) percent of the rent charged by the operator. Such tax constitutes a debt G.13.d Packet Pg. 436 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. Section 3.30.040 - Exemptions. A. No tax shall be imposed upon: 1. Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax herein provided; 2. Any public officer or employee when on official business; 3. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. B. No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Section 3.30.050 - Operator’s duties. Each operator shall collect the tax imposed by this chapter at the time the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state, in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. Section 3.30.060 - Registration. Within thirty (30) days after the effective date of the ordinance codified in this chapter, or within thirty (30) days after commencing business, whichever is later, each operator of any hotel shall register such hotel with the tax administrator who shall issue a transient occupancy registration certificate, which shall, at all times, be posted in a conspicuous place on the hotel premises. Such certificate shall, among other things, state the following: A. The name of the operator; and G.13.d Packet Pg. 437 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 B. The address of the hotel; and C. The date upon which the certificate was issued. This certificate signifies that the person named on the face hereof has fulfilled the requirements of this chapter by registering with the tax administrator for the purpose of collecting from the transients the Transient Occupancy Tax and remitting said tax to the tax administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit. Section 3.30.070 - Reporting and remitting. A. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged or chargeable as provided in Section 3.30.030, whether or not received, including any rents charged for occupancies exempt under the provisions of Section 3.30.040 and the amount of tax collected for transient occupancies. B. Amounts claimed on the return as exempt from the tax pursuant to Sections 3.30.040 and 3.30.120 shall be fully itemized and explained on the return or supporting schedule. C. In determining the amount of “taxable receipts” on the tax return, “rent” as defined in Section 3.30.020, may not be reduced by any business expenses including, but not limited to, the amount of service charges deducted by credit card companies or commissions paid to travel agencies. D. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. E. The tax administrator may establish shorter reporting periods for any certificate holder if he or she deems it necessary in order to ensure collection of the tax and he or she may require further information in the return. F. Each operator shall notify the tax administrator at least ten days prior to the sale or cessation of business for any reason. Returns and payments are due immediately upon sale or cessation of business for any reason. G.13.d Packet Pg. 438 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 G. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. H. Each return shall contain a declaration under penalty of perjury, executed by the operator or his or her authorized agent, that to the best of the signator’s knowledge, the statements in the return are true, correct and complete. Section 3.30.080 - Late payment—Penalties and interest. A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this chapter, within the times required, shall pay a penalty of ten (10) percent equal to the amount of the tax, in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent equal to the amount of the tax in addition to the amount of the tax and the ten (10) percent penalty first imposed. C. Fraud. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section. D. Interest. In addition to the penalties imposed pursuant to this chapter, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof, on the unpaid balance of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid in full. Section 3.30.090 - Failure to collect and report tax—Determination of tax by tax administrator. If any operator fails or refuses to collect the tax and to make, within the time provided in this chapter, any report and remittance of such tax or any portion thereof, the tax administrator shall proceed in such manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the tax administrator procures such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this chapter due and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he or she shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this G.13.d Packet Pg. 439 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally, by electronic mail at the operator’s last known electronic mail address, or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator’s last known address. The operator may within ten (10) days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days’ written notice, in the manner prescribed here, to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 3.30.100. Section 3.30.100 - Appeal. Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a written notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The city clerk shall fix a time and place for hearing such appeal, and the city clerk shall give five days’ notice in writing thereof to such operator at his or her last known place of address or, in the case of electronic mail, the operator’s last known electronic mail address. The city council shall review the tax administrator’s determination and hear any evidence from the operator prior to determining whether registration is required and/or ascertaining the amount of tax, interest and penalties due. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Section 3.30.110 - Records. It shall be the duty of every operator liable for the collection and payment to the city of the tax imposed by this chapter, to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of any payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. G.13.d Packet Pg. 440 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 Section 3.30.120 - Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it shall be refunded as provided in subsections B and C of this section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment; any such payment for which a claim is not filed within such three-year period shall conclusively be deemed to have been lawfully and properly due to city. The claim shall be on forms furnished by the tax administrator. B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in the manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection A of this section, but only when such tax has been received by the city. Section 3.30.130 - Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable therefor in an action brought in the name of the city for the recovery of such amount, together with penalties and interest thereon, and a reasonable sum as and for attorneys’ fees and costs necessarily incurred in such collection. Section 3.30.140 – Pay First – Litigate Later. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the city or any officer thereof, to prevent or enjoin the collection of taxes sought to be collected pursuant to this chapter and payment of all tax, interest, and penalties shall be required as a condition precedent to seeking judicial review of any tax liability imposed by this chapter. G.13.d Packet Pg. 441 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 Section 3.30.150 – Violation a misdemeanor. Any operator or other person who fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as provided in this code. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made is guilty of a misdemeanor and is punishable as aforesaid. Section 3.30.160 – Duty to enforce. Tax administrator shall be responsible for the administration and enforcement of the provisions of this chapter, including, but not limited to, determinations as to whether any person is required to register as the operator of a hotel. All such determinations of the tax administrator are subject to city council review pursuant to Section 3.30.100 of this chapter. Section 3.30.170 - Amendment. For purposes of carrying out the purposes of this chapter, the City Council retains the full right to revise, change or amend this chapter to the same extent as other city ordinances, provided that the city council may not increase in any manner the rate of taxation above the maximum rate permitted in Section 3.30.030 without approval by a vote of the People pursuant to Article XIII C of the California Constitution and Section 9217 of the Elections Code.” SECTION 2. Council Authority to Amend. This is a City Council-sponsored initiative Ordinance which otherwise would only be subject to amendment by the voters of the City. However, pursuant to Elections Code Section 9217, the City Council shall have and retain the right and authority to amend the Ordinance to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City Council) in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution. SECTION 3. CEQA Exemption. The adoption of this ordinance is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section §§ 21000 et seq.). CEQA Guideline 15378(b)(4) provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment are not projects subject to the requirements of CEQA. SECTION 4. Severability. If any section, subsection, sentence, clause or phrase G.13.d Packet Pg. 442 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) 01247.0007/789728.2 of this ordinance or the application thereof to any person or circumstance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Grand Terrace hereby declared that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. SECTION 5. Appropriations Limit. Pursuant to Article XIIIB of the California Constitution, the appropriations limit for the City of Grand Terrace is increased to the maximum extent over the maximum period of time allowed under the law consistent with the revenues generated by this tax. SECTION 6. Effective Date. If a majority of the voters of the City of Grand Terrace voting at the General Municipal Election of November 8, 2022, vote in favor of this Ordinance, then this Ordinance shall become a valid and binding ordinance of the City of Grand Terrace, and shall be considered as adopted upon the date that the vote is declared by the City Council of the City of Grand Terrace, and this Ordinance shall go into effect ten (10) days after that date, pursuant to Election Code Section 9217. SECTION 7. Passage and Execution. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the approval thereof and cause same to be published or posted pursuant to law. PASSED AND ADOPTED by the voters of the City of Grand Terrace at an election held on November 8, 2022. _____________________________ Darcy McNaboe, Mayor ATTEST: _____________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney G.13.d Packet Pg. 443 At t a c h m e n t : ( T O T ) P r o p o s e d T O T O r d i n a n c e [ R e v i s i o n 3 ] ( T r a n s i e n t O c c u p a n c y T a x M e a s u r e ) AGENDA REPORT MEETING DATE: May 24, 2022 Council Item TITLE: Introduction of the FY2022-23 Proposed Budget PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: 1. Review the Proposed Budget for Fiscal Year 2022-23; and 2. Begin budget deliberations for the Proposed Budget for Fiscal Year 2022-23 on June 14, 2022. 2030 VISION STATEMENT: This staff report supports City Council Goal #1 “Ensure our Fiscal Viability” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: In prior years, staff has submitted, for City Council’s review and approval, the proposed budget for the upcoming year. Once approved, this document has served as the City’s financial plan for the following year and acts as the basis for budgetary control. For Fiscal Year (FY) 2021-22, City Council approved a one-year budget, with any adjustments submitted for the FY2021-22 budget, during the current year. The City moved towards multi-year budgeting prior to the FY 2020-21 but shifted back to the annual budget process due to the COVID-19 (novel coronavirus) pandemic, staff thought it prudent and recommended to City Council that the City return to a one-year budget process as it is difficult to project any revenues during this uncertainty. It is the City’s hope that when this crisis is over and the City can resume its regular business activities, staff will return to the submittal of a two-year budget for City Council review and approval. The shift back to an annual budget allows the City to: 1. Improve financial management. 2. Greater flexibility to respond to our confusing and uncertain environment. 3. Greater ability to shift resources because of service level demands and 4. Quickly Reallocation and redeploy resources. DISCUSSION: G.14 Packet Pg. 444 The major revenues in the City of Grand Terrace increased during COVID-19, primarily because of consumer demand at food and drug stores. In addition, demand for building and construction supplies remained brisk. Retail sales, along with license fees and collection of franchise fees, are projected to lead to a positive outcome for FY 2021-22. GENERAL FUND FISCAL YEAR 2021-22 Table 1 reflects the FY2021-22 Year-End Revenue and Expenditure projections. Table 1 City of Grand Terrace FY 2021-22 General Fund Revenue and Expenditure Report 2021-22 2021-22 Adj Budget 06-22-21 Projections 04-27-2022 Property Tax $3,989,040 $1,985,232 Residual Receipts - RPTTF $176,900 $2,603,817 Proceeds from Sale of Property $1,798,700 $2,070,601 Franchise Fees $620,000 $644,000 Licenses, Fees & Permits $490,000 $329,822 Sales Tax $988,000 $1,110,053 Intergovernmental Revenue/Grants $31,220 $66,492 Charges for Services $141,100 $73,229 Fines & Forfeitures $66,300 $44,274 Miscellaneous $0 $14,885 Use of Money & Property $34,660 $28,416 Wastewater Receipts $318,349 $318,349 Total Revenues $8,654,269 $9,289,170 Salaries $1,552,512 $1,356,254 Benefits $1,149,757 $1,044,541 Materials & Supplies $224,770 $218,657 Professional/Cont. Services $3,674,258 $3,743,232 Equipment $0 $3,000 Lease of Facility/Equipment $19,600 $17,615 Utilities $176,448 $199,166 Overhead Cost Allocation ($84,950) ($84,950) G.14 Packet Pg. 445 City of Grand Terrace FY 2021-22 General Fund Revenue and Expenditure Report 2021-22 2021-22 Adj Budget 06-22-21 Projections 04-27-2022 Capital Projects $0 $113,922 Debt Service $0 $0 Transfers Out $110,000 $110,000 Total Expenditures $6,822,395 $6,721,437 Revenues $8,654,269 $9,289,170 Expenditures ($6,822,395) ($6,721,437) Projected Surplus $1,831,874 $2,567,733 FISCAL YEAR 2022-23 The City continues to receive optimistic sales tax projections that build on the success from prior and current year sales tax growth. Staff continues to meet with our property and sales tax consultants (HdL) to monitor quarterly sales tax trends. Revenues: 1. Sales Tax projections: HdL projected higher sales tax revenues for FY2022-23 in the amount of $1,125,400 and 2. Property Tax projections: Were provided by HdL with the Successor Agency being dissolved with no RPTTF funds being received in the amount of $2,916,400; and 3. Property Tax VLF swap projections were provided by HDL in the amount of $1,564,895. Expenditures: 1. The General Fund must absorb the Child Care’s portion of the unfunded accrued liability (UAL), plus the annual increase added by CalPERS to the UAL. The total UAL for FY2022-23 which includes the Child Care’s portion is $597,858 2. For the Sheriff’s Department the City Council approved a Contract extension with a 1.616% increase at its May 10, 2022 Council Meeting. The Contract amount is $2,305,996. The increase is $36,680. 3. General Fund Maintenance of Effort: The City receives Measure “I” funds (1/2 cent sales tax collected throughout San Bernardino County for transportation improvements - $300k) and Road Maintenance and Rehabilitation Program (RMRP) funds ($283k) into the RMRA Fund for use on local street and road systems. The term “Maintenance of Effort” (MOE) generally refers to a requirement placed upon state and federally funded grant programs that requires G.14 Packet Pg. 446 local cities and counties to maintain general fund spending for streets and roads either through a certain percentage or formula, which may include the local agency’s history of past spending on street rehabilitation and/or maintenance. 4. The FY2022-23 Budget includes the addition of one full-time employee and one intern. Table 2 summarizes the FY2022-23 Proposed Budget: City of Grand Terrace FY 2022-23 Proposed General Fund Revenue and Expenditure Report 2022-23 Proposed 05-24-2022 Revenues Property Tax $4,481,295 Franchise Fees $635,000 Licenses, Fees & Permits $665,400 Sales Tax $1,125,400 Intergovernmental Revenue/Grants $60,500 Charges for Services $178,000 Fines & Forfeitures $66,300 Miscellaneous $26,710 Use of Money & Property $34,660 Wastewater Receipts $318,349 Transfers In $50,000 Total Revenues $7,641,614 Expenditures by Department Salaries $1,482,899 Benefits $1,356,069 Materials & Supplies $323,605 Professional/Contractual Services $4,198,568 Lease of Facility/Equipment $12,000 Utilities $229,448 Overhead Cost Allocation ($81,950) Transfers Out $110,700 Total Expenditures $7,631,339 G.14 Packet Pg. 447 City of Grand Terrace FY 2022-23 Proposed General Fund Revenue and Expenditure Report 2022-23 Proposed 05-24-2022 Revenues $7,641,614 Expenditures ($7,631,339) Fund Balance $10,275 While the revenue and expenses of FY 2022-23 significantly exceed those in the prior year, staff’s goal is to return to pre-COVID-19 staffing levels to ensure we can operate and maintain city facilities that allow residents to fully utilize the assets of the community. The projected Fund Balance is equal to or more than the revenue received from the liquidation of assets, this is consistent with the City Council’s policy to not fund ongoing expenses with one-time revenue. Revenues, $7,641,614 Expenditures, $7,631,339 Proposed Surplus, $10,275 Revenue, Expenditure and Fund Balance FY 2022-23 Revenues Expenditures Proposed Surplus G.14 Packet Pg. 448 CITY-WIDE PROPOSED FY2022-23 BUDGET The total Proposed Budget for FY2022-23 is $12,549,976 in revenues and $14,216,068 in expenditures. The City’s Proposed Budget, which is presented for City Council’s review and consideration, • Supports the City’s mission, vision, core values and goals by preserving and protecting the community and its exceptional quality of life; and PROPOSED BUDGET BY FUND FY 2022-23 The next two tables show the Citywide Proposed Revenues and Expenditure budgets by fund: Table 3 (Proposed Revenues) City of Grand Terrace FY 2022-23 Proposed Revenue Summary by Fund 2020-21 2020-21 2021-22 2021-22 2022-23 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget GENERAL FUNDS 10 GENERAL FUND $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614 61 COMMUNITY BENEFITS FUND $20,000 $10,082 $20,000 $20,000 $20,000 62 LIGHT UP GRAND TERRACE $10,000 $5,535 $10,000 $13,885 $10,000 63 GT ILLEGAL FIREWORKS ENFORCEMENT $500 $1 $3,500 $0 $2,000 64 PUBLIC SAFETY FUND $0 $52 $0 $105 $0 69 COMMUNITY DAY FUND $0 $0 $10,000 $0 $10,000 68 40TH YEAR BIRTHDAY CELEBRATION FND $0 $0 $8 $0 $0 70 EQUIP REPLACEMENT RESERVE FUND $0 $2 $0 $4 $0 DEVELOPMENT IMPACT FEES (DIF) 11 STREET FUND $48,000 $3,550 $88,000 $0 $88,000 12 STORM DRAIN FUND $13,250 $43,007 $800 $0 $800 13 PARK FUND $69,400 ($165) $800 $0 $800 19 FACILITIES FUND $20,000 $3,483 $20,000 $0 $20,600 SPECIAL REVENUE FUNDS 14 SLESF (AB3229 COPS) $100,050 $157,100 $160,00 $161,330 $160,000 G.14 Packet Pg. 449 City of Grand Terrace FY 2022-23 Proposed Revenue Summary by Fund 2020-21 2020-21 2021-22 2021-22 2022-23 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget 15 AIR QUALITY IMPROVEMENT FUND $58,000 $15,971 $15,500 $16,400 $16,400 16 GAS TAX FUND $650,800 $369,137 $725,200 $377,000 $437,700 17 TRAFFIC SAFETY FUND $6,000 $4,454 $4,000 $4,500 $4,500 20 MEASURE "I" FUND $193,000 $281,718 $248,600 $312,000 $300,400 25 SPRING MOUNTAIN RANCH $3,000 $1,696 $53,000 $354,200 $52,000 26 LNDSCP & LGTG ASSESSMENT DIST $47,648 $55,643 $57,325 $32,990 $57,325 56 ROAD MAINT & REHAB ACCT $238,000 $230,963 $239,000 $246,000 $282,600 67 PUBLIC, EDUCATIONAL & GOVT ACCESS $21,500 $24,025 $21,500 $10,811 $19,300 76 EIFD - ENHANCED INFRAST FIN DIST $0 $0 $0 $0 $0 90 COVID-19 FEMA REIMBURSEMENT FUND $193,425 $153,449 $0 $0 $0 91 SB COUNTY COVID-19 $153,425 $153,425 $0 $0 $0 93 COVID – INFRASTRUCTURE $267,700 $274,200 $0 $0 $0 94 ARPA $0 $0 $0 $1,505,180 $1,505,180 ENTERPRISE FUND 21 WASTEWATER DISPOSAL FUND $10,000 $13,576 $4,000 $0 $4,000 GRANT FUNDS 22 CDBG - COMM DEV BLOCK GRANT $47,876 $59,930 $69,934 $5,474 $60,140 65 SENIOR BUS PROGRAM FUND $37,450 $59,680 $156,765 $39,361 $152,665 66 CAL RECYCLE GRANT $5,000 $18 $0 $0 $0 73 ACTIVE TRANSPORTATION PRGRM FUND $100,000 $0 $0 $0 $0 74 HIGHWAY SAFETY IMPROV PROGRAM $185,000 36,2000 $44,000 $325,394 $44,000 75 EMERMGMT PREP GRANT $0 $0 $0 $9,000 $0 77 SO CAL INCENTIVE PROJ (SCIP) GRANT $0 $0 $0 $0 $0 92 CDBG – COVID $141,010 $0 $141,000 $0 $0 SUCCESSOR AGENCY 31 S/A RDA REVENUE FUND $2,065,200 $283,438 $0 $0 $0 32 S/A CAPITAL PROJECTS FUND $33,100 $0 $0 $0 $0 33 S/A DEBT SERVICE FUND $2,032,100 $0 $0 $0 $0 36 2011 TABS A & B BOND PROCEEDS $0 $76 $0 $0 $0 G.14 Packet Pg. 450 City of Grand Terrace FY 2022-23 Proposed Revenue Summary by Fund 2020-21 2020-21 2021-22 2021-22 2022-23 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget CAPITAL PROJECT FUNDS 45 CIP - COMMERCE WAY $0 $1,893 $0 $0 $0 46 CAPITAL IMPROVEMENTS - STREETS $445,000 $456,999 $0 $0 $0 47 CAP.PRJ. BARTON/COLTON BRIDGE $0 $0 $0 $0 $0 48 CAPITAL PROJECTS FUND $0 $0 $0 $0 $0 49 CAPITAL PROJECTS FUND- PARKS $100,000 $576 $1,412,000 $0 $1,589,952 52 HOUSING AUTHORITY $50,000 $2,059 $65,000 $0 $65,000 95 DOG PARK ENDOWMENT FUND $0 $0 $0 $0 $0 $13,346,429 $9,008,896 $12,224,193 $12,722,800 $12,549,976 Table 4 (Proposed Expenditures) City of Grand Terrace FY 2022-23 Proposed Expense Summary by Fund 2020-21 2020-21 2021-22 2021-22 2022-23 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget GENERAL FUNDS 10 GENERAL FUND $6,410,228 $6,331,328 $6,822,395 $6,721,437 $7,631,339 61 COMMUNITY BENEFITS FUND $10,000 $1,385 $20,000 $3,685 $20,000 62 LIGHT UP GRAND TERRACE $10,000 $5,915 $10,000 $15,850 $10,000 63 GT ILLEGAL FIREWORKS ENFORCEMENT $250 $0 $3,500 $0 $2,000 64 PUBLIC SAFETY FUND $0 $0 $0 $0 $0 69 COMMUNITY DAY FUND $0 $0 $10,000 $20,000 $20,000 68 40TH YEAR BIRTHDAY CELEBRATION FND $0 $0 $0 $0 $0 70 EQUIP REPLACEMENT RESERVE FUND $0 $0 $0 $0 $0 DEVELOPMENT IMPACT FEES (DIF) 11 STREET FUND $0 $0 $0 $0 $0 12 STORM DRAIN FUND $0 $0 $0 $0 $0 13 PARK FUND $0 $0 $0 $0 $0 G.14 Packet Pg. 451 City of Grand Terrace FY 2022-23 Proposed Expense Summary by Fund 2020-21 2020-21 2021-22 2021-22 2022-23 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget 19 FACILITIES FUND $60,425 $204,835 $0 $0 $0 SPECIAL REVENUE FUNDS 14 SLESF (AB3229 COPS) $150,000 $157,872 $150,000 $150,000 $160,550 15 AIR QUALITY IMPROVEMENT FUND $13,000 $5,000 $13,000 $3,860 $0 16 GAS TAX FUND $558,000 $428,537 $722,075 $447,481 $363,416 17 TRAFFIC SAFETY FUND $4,000 $0 $4,000 $10,000 $4,000 20 MEASURE "I" FUND $250,000 $293,651 $119,272 $63,000 $119,272 25 SPRING MOUNTAIN RANCH $50,000 $4,720 $50,000 $25,000 $50,000 26 LNDSCP & LGTG ASSESSMENT DIST $48,584 $14,670 $66,009 $41,083 $56,238 56 ROAD MAINT & REHAB ACCT $202,000 $202,000 $0 $202,000 $0 67 PUBLIC, EDUCATIONAL & GOVT ACCESS $21,500 $0 $21,500 $0 $19,300 76 EIFD - ENHANCED INFRAST FIN DIST $0 $0 $0 $0 $0 90 COVID-19 FEMA REIMBURSEMENT FUND $193,000 $123,180 $0 $0 $0 91 SB COUNTY COVID-19 $153,425 $153,426 $0 $0 $0 92 CDBG – COVID $141,010 $0 $141,000 $0 $0 93 COVID – INFRASTRUCTURE $267,700 $274,200 $0 $0 $0 94 ARPA $0 $0 $0 $160,000 $2,832,000 ENTERPRISE FUND 21 WASTEWATER DISPOSAL FUND $7,000 $88,570 $0 $0 $0 GRANT FUNDS 22 CDBG - COMM DEV BLOCK GRANT $69,934 $30,385 $69,934 $35,000 $60,140 65 SENIOR BUS PROGRAM FUND $159,915 $62,924 $121,067 $70,623 $146,825 66 CAL RECYCLE GRANT $5,000 $0 $0 $0 $0 73 ACTIVE TRANSPORTATION PRGRM FUND $0 $0 $0 $3 $0 74 HIGHWAY SAFETY IMPROV PROGRAM $497,064 $442,564 $44,000 $4,768 $44,000 75 EMER MGMT PREP GRANT $0 $0 $0 $9,000 $0 77 SO CAL INCENTIVE PROJ (SCIP) GRANT $0 $0 $0 $0 $0 G.14 Packet Pg. 452 City of Grand Terrace FY 2022-23 Proposed Expense Summary by Fund 2020-21 2020-21 2021-22 2021-22 2022-23 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget SUCCESSOR AGENCY 31 S/A RDA REVENUE FUND $301,438 $0 $0 $0 $0 32 S/A CAPITAL PROJECTS FUND $18,000 $388,132 $0 $0 $0 33 S/A DEBT SERVICE FUND $283,438 $887,367 $0 $296,825 $0 36 2011 TABS A & B BOND PROCEEDS $0 $0 $0 $0 $0 CAPITAL PROJECT FUNDS 45 CIP - COMMERCE WAY $839,594 $65 $839,594 $65 $839,594 46 CAPITAL IMPROVEMENTS - STREETS $427,040 $456,893 $0 $0 $0 47 CAP.PRJ. BARTON/COLTON BRIDGE $0 $18,623 $0 $4,500 $0 48 CAPITAL PROJECTS FUND $0 $0 $0 $0 $0 49 CAPITAL PROJECTS FUND- PARKS $89,592 $37,495 $1,624,000 $5,000 $1,804,606 52 HOUSING AUTHORITY $118,950 $21,734 $69,248 $52,763 $32,789 95 DOG PARK ENDOWMENT FUND $0 $0 $0 $0 $0 $11,360,087 $10,635,471 $10,920,594 $8,341,943 $14,216,068 Budget Schedule The proposed schedule leading to adoption of the FY2022-23 is as follows: Table 5 Description Date Budget Introduction Tuesday, May 24th Budget Deliberations by Department and Fund Tuesday, June 14th Budget Adoption Tuesday, June 28yh FISCAL IMPACT: Fiscal impacts of the FY2022-23 Proposed Budget are identified in the FY2022-23 Proposed Budget Summary (which is being made available in the City Clerk’s office). G.14 Packet Pg. 453 ATTACHMENTS: • FY2022-23 Proposed Budget (PDF) APPROVALS: Terry Shea Completed 05/19/2022 8:36 AM City Manager Completed 05/19/2022 3:08 PM City Council Pending 05/24/2022 6:00 PM G.14 Packet Pg. 454 City of Grand Terrace FY2022-23 Proposed Budget General Fund Revenue and Expense by Category & Department G.14.a Packet Pg. 455 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 2020-21 2020-21 2021-22 2021-22 2022-23 Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget Revenues Property Tax $2,082,593 $2,197,948 $3,989,040 $1,985,232 $2,078,595 Residual Receipts - RPTTF $1,798,163 $1,354,741 $176,900 $2,603,817 $2,402,700 Proceeds from Sale of Property $0 $0 $1,798,700 $2,070,601 $0 Franchise Fees $445,000 $613,598 $620,000 $644,000 $635,000 Licenses, Fees & Permits $329,090 $439,948 $490,000 $329,822 $665,400 Sales Tax $750,000 $1,064,567 $988,000 $1,110,053 $1,125,400 Intergovernmental Revenue/Grants $20,000 $54,606 $31,220 $66,492 $60,500 Charges for Services $100,300 $138,916 $141,100 $73,229 $178,000 Fines & Forfeitures $70,000 $73,219 $66,300 $44,274 $66,300 Miscellaneous $0 $20,091 $0 $14,885 $26,710 Use of Money & Property $67,500 $31,140 $34,660 $28,416 $34,660 Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349 Transfers In $0 $0 $0 $0 $50,000 Residual Receipts - Sr Ctr $0 $0 $0 $0 $0 Gas Tax $0 $0 $0 $0 $0 Total Revenues $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614 Expenditures by Category Salaries $1,094,006 $1,088,247 $1,552,512 $1,356,254 $1,482,899 Benefits $1,118,326 $964,910 $1,149,757 $1,044,541 $1,356,069 Materials & Supplies $190,955 $206,360 $224,770 $218,657 $323,605 Professional/Contractual Services $3,572,540 $3,646,766 $3,674,258 $3,743,232 $4,198,568 Equipment $1 $0 $0 $3,000 $0 Lease of Facility/Equipment $19,323 $17,513 $19,600 $17,615 $12,000 Utilities $143,858 $168,416 $176,448 $199,166 $229,448 Overhead Cost Allocation ($81,950)($68,192)($84,950)($84,950)($81,950) Capital Projects $213,419 $90,615 $0 $113,922 $0 Debt Service $0 $15,968 $0 $0 $0 Transfers Out $139,750 $200,725 $110,000 $110,000 $110,700 Total Expenditures $6,410,228 $6,331,328 $6,822,395 $6,721,437 $7,631,339 Revenues $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614 Expenditures by Category ($6,410,228)($6,331,328)($6,822,395)($6,721,437)($7,631,339) Surplus or Approved Use of Fund Balance ($429,233)($24,205)$1,831,874 $2,567,733 $10,275 City of Grand Terrace FY 2022-23 Proposed General Fund Revenue and Expenditure Report by CATEGORY G.14.a Packet Pg. 456 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 2020-21 2020-21 2021-22 2021-22 2022-23 Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget Revenues Property Tax $2,082,593 $2,197,948 $3,989,040 $1,985,232 $2,078,595 Residual Receipts - RPTTF $1,798,163 $1,354,741 $176,900 $2,603,817 $2,402,700 Proceeds from Sale of Property $0 $0 $1,798,700 $2,070,601 $0 Franchise Fees $445,000 $613,598 $620,000 $644,000 $635,000 Licenses, Fees & Permits $329,090 $439,948 $490,000 $329,822 $665,400 Sales Tax $750,000 $1,064,567 $988,000 $1,110,053 $1,125,400 Intergovernmental Revenue/Grants $20,000 $54,606 $31,220 $66,492 $60,500 Charges for Services $100,300 $138,916 $141,100 $73,229 $178,000 Fines & Forfeitures $70,000 $73,219 $66,300 $44,274 $66,300 Miscellaneous $0 $20,091 $0 $14,885 $26,710 Use of Money & Property $67,500 $31,140 $34,660 $28,416 $34,660 Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349 Transfers In $0 $0 $0 $0 $50,000 Residual Receipts - Sr Ctr $0 $0 $0 $0 $0 Gas Tax $0 $0 $0 $0 $0 Total Revenues $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614 Expenditures by Department City Council $67,752 $49,579 $76,621 $51,169 $119,528 City Manager $730,259 $724,500 $847,763 $843,228 $690,294 City Clerk $177,880 $182,410 $234,763 $217,816 $287,126 Finance $351,842 $412,336 $480,364 $412,721 $579,427 City Attorney $209,002 $284,199 $210,000 $255,502 $210,000 Planning & Dev. Svcs $901,450 $778,980 $1,064,523 $904,829 $1,213,342 Public Works $690,707 $692,973 $659,645 $705,494 $1,008,751 Non-Departmental $1,021,260 $1,035,841 $807,776 $1,026,157 $1,136,875 Public Safety $2,260,076 $2,170,510 $2,440,940 $2,304,521 $2,385,996 Total Expenditures $6,410,228 $6,331,328 $6,822,395 $6,721,437 $7,631,339 Revenues $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614 Expenditures by Department ($6,410,228)($6,331,328)($6,822,395)($6,721,437)($7,631,339) Surplus or Approved Use of Fund Balance ($429,233)($24,205)$1,831,874 $2,567,733 $10,275 City of Grand Terrace FY 2022-23 Proposed General Fund Revenue and Expenditure Report by DEPARTMENT G.14.a Packet Pg. 457 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 458 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) City of Grand Terrace FY2022-23 Proposed Budget Citywide Revenue and Expense Report G.14.a Packet Pg. 459 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 460 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 2019-20 Actual 2020-2021 Actuals 2021-22 Projections 2022-23 Proposed Budget Revenues Property Tax $2,391,099 $2,536,916 $2,018,222 $2,135,920 Residual Receipts - RPTTF $1,911,591 $1,354,741 $2,603,817 $2,402,700 Proceeds from Sale of Property $3,720 $0 $2,070,601 $0 Franchise Fees $549,823 $613,598 $644,000 $635,000 Licenses, Fees & Permits $721,146 $506,169 $700,957 $834,800 Sales Tax $1,084,319 $1,345,899 $1,422,053 $1,425,400 Intergovernmental Revenue/Grants $640,731 $1,042,373 $2,355,182 $3,930,637 Charges for Services $135,639 $139,090 $73,229 $181,000 Fines & Forfeitures $71,795 $77,643 $48,774 $72,800 Miscellaneous $13,636 $20,091 $18,235 $39,710 Use of Money & Property $269,705 $52,569 $28,521 $45,660 Waste Water Receipts $318,349 $318,349 $318,349 $318,349 Transfers In $18,917,742 $723,043 $113,860 $160,700 Residual Receipts - Sr Ctr $1,440 $0 $0 $0 Gas Tax $294,195 $278,415 $307,000 $367,300 Total Revenues $27,324,930 $9,008,896 $12,722,800 $12,549,976 Expenditures by Category Salaries $1,495,553 $1,247,091 $1,550,637 $1,584,779 Benefits $900,532 $1,016,098 $1,109,875 $1,409,032 Materials & Supplies $259,893 $210,593 $224,472 $479,405 Professional/Contractual Services $5,148,798 $4,224,073 $4,256,515 $8,033,171 Equipment $186,263 $0 $3,000 $0 Lease of Facility/Equipment $13,392 $17,513 $17,615 $17,000 Utilities $205,409 $254,091 $290,718 $324,708 Overhead Cost Allocation $2 $2 ($3,000)$0 Capital Projects $139,037 $1,808,969 $279,425 $2,207,273 Debt Service $26,782 $1,133,998 $296,825 $0 Transfers Out $18,750,101 $723,043 $315,860 $160,700 Total Expenditures $27,125,762 $10,635,471 $8,341,943 $14,216,068 Revenues $27,324,930 $9,008,896 $12,722,800 $12,549,976 Expenditures by Category ($27,125,762)($10,635,471)($8,341,943) Surplus or Approved Use of Fund Balance $199,168 ($1,626,575)$4,380,857 ($14,216,068) ($1,666,092) City of Grand Terrace FY 2022-23 Proposed Citywide Revenue and Expenditure Report G.14.a Packet Pg. 461 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 462 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) City of Grand Terrace FY2022-23 Proposed Budget Revenue and Expense Summary by Fund G.14.a Packet Pg. 463 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 2020-21 2020-21 2021-22 2021-22 2022-23 Ty pe Fund Comb 1 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget R 10 R10 General Fund Rev $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614 E 10 E10 General Fund Exp $6,410,228 $6,331,328 $6,822,395 $6,721,437 $7,631,339 ($429,233)($24,205)$1,831,874 $2,567,733 $10,275 R 11 R11 Street Fund (DIF)Rev $48,000 $3,550 $88,000 $0 $88,000 E 11 E11 Street Fund (DIF)Exp $0 $0 $0 $0 $0 $48,000 $3,550 $88,000 $0 $88,000 R 12 R12 Storm Drain Fund (DIF)Rev $13,250 $43,007 $800 $0 $800 E 12 E12 Storm Drain Fund (DIF)Exp $0 $0 $0 $0 $0 $13,250 $43,007 $800 $0 $800 R 13 R13 Park Fund (DIF)Rev $69,400 ($165)$800 $0 $800 E 13 E13 Park Fund (DIF)Exp $0 $0 $0 $0 $0 $69,400 ($165)$800 $0 $800 R 14 R14 SLESF (AB3229 COPS)Rev $100,050 $157,100 $160,000 $161,330 $165,000 E 14 E14 SLESF (AB3229 COPS)Exp $150,000 $157,872 $150,000 $150,000 $160,550 ($49,950)($772)$10,000 $11,330 $4,450 R 15 R15 Air Quality Improvement Fund Rev $58,000 $15,971 $15,500 $16,400 $16,400 E 15 E15 Air Quality Improvement Fund Exp $13,000 $5,000 $13,000 $3,860 $0 $45,000 $10,971 $2,500 $12,540 $16,400 R 16 R16 Gas Tax Fund Rev $650,800 $369,137 $725,200 $377,000 $437,700 E 16 E16 Gas Tax Fund Exp $558,000 $428,537 $722,075 $447,481 $363,416 $92,800 ($59,400)$3,125 ($70,481)$74,285 R 17 R17 Traffic Safety Fund Rev $6,000 $4,454 $4,000 $4,500 $4,500 E 17 E17 Traffic Safety Fund Exp $4,000 $0 $4,000 $10,000 $4,000 $2,000 $4,454 $0 ($5,500)$500 R 19 R19 Facilities Fund (DIF)Rev $20,000 $3,483 $20,000 $0 $20,600 E 19 E19 Facilities Fund (DIF)Exp $60,425 $204,835 $0 $0 $0 ($40,425)($201,352)$20,000 $0 $20,600 R 20 R20 Measure "I" Fund Rev $193,000 $281,718 $248,600 $312,000 $300,400 E 20 E20 Measure "I" Fund Exp $250,000 $293,651 $119,272 $63,000 $119,272 ($57,000)($11,933)$129,328 $249,000 $181,128 R 21 R21 Wastewater Disposal Fund Rev $10,000 $13,576 $4,000 $0 $4,000 E 21 E21 Wastewater Disposal Fund Exp $7,000 $88,570 $0 $0 $0 $3,000 ($74,994)$4,000 $0 $4,000 R 22 R22 Community Dev Block Grant (CDBG)Rev $47,876 $59,930 $69,934 $5,474 $60,140 E 22 E22 Community Dev Block Grant (CDBG)Exp $69,934 $30,385 $69,934 $35,000 $60,140 ($22,058)$29,545 $0 ($29,526)$0 R 25 R25 Spring Mtn Ranch Mitigation Fund Rev $3,000 $1,696 $53,000 $354,200 $52,000 E 25 E25 Spring Mtn Ranch Mitigation Fund Exp $50,000 $4,720 $50,000 $25,000 $50,000 ($47,000)($3,024)$3,000 $329,200 $2,000 R 26 R26 Landscape & Lighting Assmnt Rev $47,648 $55,643 $57,325 $32,990 $57,325 E 26 E26 Landscape & Lighting Assmnt Exp $48,584 $14,670 $66,009 $41,083 $56,238 ($936)$40,973 ($8,684)($8,093)$1,087 R 31 R31 Sugg Agcy RDA Obligation Fund Rev $2,065,200 $283,438 $0 $0 $0 E 31 E31 Sugg Agcy RDA Obligation Fund Exp $301,438 $0 $0 $0 $0 $1,763,762 $283,438 $0 $0 $0 R 32 R32 Succ Agcy Capital Projects Fund Rev $33,100 $0 $0 $0 $0 E 32 E32 Succ Agcy Capital Projects Fund Exp $18,000 $388,132 $0 $0 $0 $15,100 ($388,132)$0 $0 $0 City of Grand Terrace FY2022-23 Proposed Budget G.14.a Packet Pg. 464 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 2020-21 2020-21 2021-22 2021-22 2022-23 Ty pe Fund Comb 1 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget City of Grand Terrace FY2022-23 Proposed Budget R 33 R33 Succ Agcy Debt Service Fund Rev $2,032,100 $0 $0 $0 $0 E 33 E33 Succ Agcy Debt Service Fund Exp $283,438 $887,367 $0 $296,825 $0 $1,748,662 ($887,367)$0 ($296,825)$0 R 36 R36 2011 TABs A & B Bond Proceeds Rev $0 $76 $0 $0 $0 E 36 E36 2011 TABs A & B Bond Proceeds Exp $0 $0 $0 $0 $0 $0 $76 $0 $0 $0 R 45 R45 CIP - Commerce Way Rev $0 $1,893 $0 $0 $0 E 45 E45 CIP - Commerce Way Exp $839,594 $65 $839,594 $65 $839,594 ($839,594)$1,828 ($839,594)($65)($839,594) R 46 R46 Capital Improvements: Streets Rev $445,000 $456,999 $0 $0 $0 E 46 E46 Capital Improvements: Streets Exp $427,040 $456,893 $0 $0 $0 $17,960 $106 $0 $0 $0 R 47 R47 Capital Projects: Barton-Colton Bridge Rev $0 $0 $0 $0 $0 E 47 E47 Capital Projects: Barton-Colton Bridge Exp $0 $18,623 $0 $4,500 $0 $0 ($18,623)$0 ($4,500)$0 R 48 R48 Capital Projects Fund Rev $0 $0 $0 $0 $0 E 48 E48 Capital Projects Fund Exp $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 R 49 R49 Capital Projects Fund: Parks Rev $100,000 $576 $1,412,000 $0 $1,589,952 E 49 E49 Capital Projects Fund: Parks Exp $89,592 $37,495 $1,624,000 $5,000 $1,804,606 $10,408 ($36,919)($212,000)($5,000)($214,654) R 52 R52 Housing Authority Rev $50,000 $2,059 $65,000 $0 $65,000 E 52 E52 Housing Authority Exp $118,950 $21,734 $69,248 $52,763 $32,789 ($68,950)($19,675)($4,248)($52,763)$32,211 R 56 R56 Road Maintenance & Rehab Rev $238,000 $230,963 $239,000 $246,000 $282,600 E 56 E56 Road Maintenance & Rehab Exp $202,000 $202,000 $0 $202,000 $0 $36,000 $28,963 $239,000 $44,000 $282,600 R 61 R61 Community Benefits Fund (Gen Fund)Rev $20,000 $10,082 $20,000 $20,000 $20,000 E 61 E61 Community Benefits Fund (Gen Fund)Exp $10,000 $1,385 $20,000 $3,685 $20,000 $10,000 $8,697 $0 $16,315 $0 R 62 R62 Light Up Grand Terrace Fund (Gen Fund)Rev $10,000 $5,535 $10,000 $13,885 $10,000 E 62 E62 Light Up Grand Terrace Fund (Gen Fund)Exp $10,000 $5,915 $10,000 $15,850 $10,000 $0 ($380)$0 ($1,965)$0 R 63 R63 Illegal Fireworks Enf (Gen Fund)Rev $500 $1 $3,500 $0 $2,000 E 63 E63 Illegal Fireworks Enf (Gen Fund)Exp $250 $0 $3,500 $0 $2,000 $250 $1 $0 $0 $0 R 64 R64 Public Safety Fund (Gen Fund)Rev $0 $52 $0 $105 $0 E 64 E64 Public Safety Fund (Gen Fund)Exp $0 $0 $0 $0 $0 $0 $52 $0 $105 $0 R 65 R65 Senior Bus Program Fund Rev $37,450 $59,680 $156,765 $39,361 $152,665 E 65 E65 Senior Bus Program Fund Exp $159,915 $62,924 $121,067 $70,623 $146,825 ($122,465)($3,244)$35,698 ($31,262)$5,840 R 66 R66 Cal Recycle Grant Rev $5,000 $18 $0 $0 $0 E 66 E66 Cal Recycle Grant Exp $5,000 $0 $0 $0 $0 $0 $18 $0 $0 $0 R 67 R67 Public Education & Government Access (PEG)Rev $21,500 $24,025 $21,500 $10,811 $19,300 E 67 E67 Public Education & Government Access (PEG)Exp $21,500 $0 $21,500 $0 $19,300 G.14.a Packet Pg. 465 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 2020-21 2020-21 2021-22 2021-22 2022-23 Ty pe Fund Comb 1 Fund Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget City of Grand Terrace FY2022-23 Proposed Budget $0 $24,025 $0 $10,811 $0 R 68 R68 40th Year Birthday Celebration Fund (Gen Fund)Rev $0 $0 $0 $0 $0 E 68 E68 40th Year Birthday Celebration Fund (Gen Fund)Exp $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 R 69 R69 Community Day Fund (Gen Fund)Rev $0 $0 $10,000 $0 $10,000 E 69 E69 Community Day Fund (Gen Fund)Exp $0 $0 $10,000 $20,000 $20,000 $0 $0 $0 ($20,000)($10,000) R 70 R70 Equipment Replacement Reserve (Gen Fund)Rev $0 $2 $0 $0 $0 E 70 E70 Equipment Replacement Reserve (Gen Fund)Exp $0 $0 $0 $0 $0 $0 $2 $0 $0 $0 R 73 R73 Active Transportation Program (ATP)Rev $100,000 $0 $0 $0 $0 E 73 E73 Active Transportation Program (ATP)Exp $0 $0 $0 $3 $0 $100,000 $0 $0 ($3)$0 R 74 R74 Highway Safety Improvement Program (HSIP)Rev $185,000 $36,200 $44,000 $325,394 $44,000 E 74 E74 Highway Safety Improvement Program (HSIP)Exp $497,064 $442,564 $44,000 $4,768 $44,000 ($312,064)($406,364)$0 $320,626 $0 R 75 R75 EMER MGMT PREP GRANT (EMPG) FUNDRev $0 $0 $0 $9,000 $0 E 75 E75 EMER MGMT PREP GRANT (EMPG) FUNDExp $0 $0 $0 $9,000 $0 $0 $0 $0 $0 $0 R 76 R76 Enhanced Infrastructure Finance District (EIFD)Rev $0 $0 $0 $0 $0 E 76 E76 Enhanced Infrastructure Finance District (EIFD)Exp $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 R 77 R77 So Cal Incentive Project (SCIP) Grant Rev $0 $0 $0 $0 $0 E 77 E77 So Cal Incentive Project (SCIP) Grant Exp $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 R 90 R90 COVID-19 FEMA Reimbursement Fund Rev $193,425 $153,449 $0 $0 $0 E 90 E90 COVID-19 FEMA Reimbursement Fund Exp $193,000 $123,180 $0 $0 $0 $425 $30,269 $0 $0 $0 R 91 R91 SB COUNTY CORONA VIRUS RELIEF Rev $153,425 $153,425 $0 $0 $0 E 91 E91 SB COUNTY CORONA VIRUS RELIEF Exp $153,425 $153,426 $0 $0 $0 $0 ($1)$0 $0 $0 R 92 R92 CDBG Covid Rev $141,010 $0 $141,000 $0 $0 E 92 E92 CDBG Covid Exp $141,010 $0 $141,000 $0 $0 $0 $0 $0 $0 $0 R 93 R93 Covid - Infrastructure Rev $267,700 $274,200 $0 $0 $0 E 93 E93 Covid - Infrastructure Exp $267,700 $274,200 $0 $0 $0 $0 $0 $0 $0 $0 R 94 R94 ARPA Rev $0 $0 $0 $1,505,180 $1,505,180 E 94 E94 ARPA Exp $0 $0 $0 $160,000 $2,832,000 $0 $0 $0 $1,345,180 ($1,326,820) R 95 R95 Dog Park Endowment Fund Rev $0 $0 $0 $0 $0 E 95 E95 Dog Park Endowment Fund Exp $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 R Total Revenue $13,346,429 $9,008,896 $12,224,193 $12,722,800 $12,549,976 E Total Expense $11,360,087 $10,635,471 $10,920,594 $8,341,943 $14,216,068 $1,986,342 ($1,626,575)$1,303,599 $4,380,857 ($1,666,092) G.14.a Packet Pg. 466 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) City of Grand Terrace FY2022-23 Proposed Budget Revenue and Expense Summaries G.14.a Packet Pg. 467 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) Fund Fund Title 2019-20 Actual 2020-21 Actuals 2021-22 Projected 2022-23 Proposed Budget GENERAL FUNDS 10 GENERAL FUND $6,480,870 $6,307,123 $9,289,170 $7,641,614 61 COMMUNITY BENEFITS FUND $20,377 $10,082 $20,000 $20,000 62 LIGHT UP GRAND TERRACE $13,006 $5,535 $13,885 $10,000 63 GT ILLEGAL FIREWORKS ENFORCEMENT $6 $1 $0 $2,000 64 PUBLIC SAFETY FUND $326 $52 $105 $0 69 COMMUNITY DAY FUND $5 $0 $0 $10,000 68 40TH YEAR BIRTHDAY CELEBRATION FND $0 $0 $0 $0 70 EQUIP REPLACEMENT RESERVE FUND $15 $2 $0 $0 DEVELOPMENT IMPACT FEES (DIF) 11 STREET FUND $92,272 $3,550 $0 $88,000 12 STORM DRAIN FUND $4,231 $43,007 $0 $800 13 PARK FUND $2,254 ($165)$0 $800 19 FACILITIES FUND $36,675 $3,483 $0 $20,600 SPECIAL REVENUE FUNDS 14 SLESF (AB3229 COPS)$157,324 $157,100 $161,330 $165,000 15 AIR QUALITY IMPROVEMENT FUND $12,255 $15,971 $16,400 $16,400 16 GAS TAX FUND $417,236 $369,137 $377,000 $437,700 17 TRAFFIC SAFETY FUND $5,314 $4,454 $4,500 $4,500 20 MEASURE "I" FUND $254,068 $281,718 $312,000 $300,400 25 SPRING MOUNTAIN RANCH $223,598 $1,696 $354,200 $52,000 26 LNDSCP & LGTG ASSESSMENT DIST $46,483 $55,643 $32,990 $57,325 56 ROAD MAINTENANCE & REHAB ACCT $304,810 $230,963 $246,000 $282,600 67 PUBLIC, EDUCATIONAL & GOVT ACCESS $23,180 $24,025 $10,811 $19,300 76 EIFD - ENHANCED INFRAST FIN DIST $0 $0 $0 $0 90 COVID-19 FEMA REIMBURSEMENT FUND $0 $153,449 $0 $0 91 SB COUNTY CORONA VIRUS RELIEF $0 $153,425 $0 $0 93 COVID - INFRASTRUCTURE $0 $274,200 $0 $0 94 ARPA $0 $0 $1,505,180 $1,505,180 ENTERPRISE FUND 21 WASTEWATER DISPOSAL FUND $38,590 $13,576 $0 $4,000 GRANT FUNDS 22 CDBG - COMM DEV BLOCK GRANT $42,164 $59,930 $5,474 $60,140 65 SENIOR BUS PROGRAM FUND $33,982 $59,680 $39,361 $152,665 66 CAL RECYCLE GRANT $1,073 $18 $0 $0 73 ACTIVE TRANSPORTATION PRGRM FUND $0 $0 $0 $0 74 HIGHWAY SAFETY IMPROV PROGRAM $0 $36,200 $325,394 $44,000 75 EMER MGMT PREP GRANT (EMPG)$0 $0 $9,000 $0 77 SO CAL INCENTIVE PROJ (SCIP) GRANT $178,900 $0 $0 $0 92 CDBG - COVID $0 $0 $0 $0 SUCCESSOR AGENCY 31 S/A RDA REVENUE FUND $292,285 $283,438 $0 $0 32 S/A CAPITAL PROJECTS FUND $11,113 $0 $0 $0 33 S/A DEBT SERVICE FUND $18,282,143 $0 $0 $0 36 2011 TABS A & B BOND PROCEEDS $79,832 $76 $0 $0 CAPITAL PROJECT FUNDS 45 CIP - COMMERCE WAY $12,628 $1,893 $0 $0 46 CAPITAL IMPROVEMENTS - STREETS $139,177 $456,999 $0 $0 47 CAP.PRJ. BARTON/COLTON BRIDGE $0 $0 $0 $0 48 CAPITAL PROJECTS FUND $1,186 $0 $0 $0 49 CAPITAL PROJECTS FUND- PARKS $402,946 $576 $0 $1,589,952 52 HOUSING AUTHORITY $14,206 $2,059 $0 $65,000 95 DOG PARK ENDOWMENT FUND $0 $0 $0 $0 $27,624,530 $9,008,896 $12,722,800 $12,549,976 Cityof Grand Terrace FY 2022-23 Proposed Revenue Summary by Fund G.14.a Packet Pg. 468 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) Fund Fund Title 2019-20 Actual 2020-21 Actuals 2021-22 Projected 2022-23 Proposed Budget GENERAL FUNDS 10 GENERAL FUND $6,106,120 $6,331,328 $6,721,437 $7,631,339 61 COMMUNITY BENEFITS FUND $7,997 $1,385 $3,685 $20,000 62 LIGHT UP GRAND TERRACE $13,535 $5,915 $15,850 $10,000 63 GT ILLEGAL FIREWORKS ENFORCEMENT $236 $0 $0 $2,000 64 PUBLIC SAFETY FUND $0 $0 $0 $0 69 COMMUNITY DAY FUND $0 $0 $20,000 $20,000 68 40TH YEAR BIRTHDAY CELEBRATION FND $0 $0 $0 $0 70 EQUIP REPLACEMENT RESERVE FUND $0 $0 $0 $0 DEVELOPMENT IMPACT FEES (DIF) 11 STREET FUND $40,457 $0 $0 $0 12 STORM DRAIN FUND $0 $0 $0 $0 13 PARK FUND $100,000 $0 $0 $0 19 FACILITIES FUND $0 $204,835 $0 $0 SPECIAL REVENUE FUNDS 14 SLESF (AB3229 COPS)$157,274 $157,872 $150,000 $160,550 15 AIR QUALITY IMPROVEMENT FUND $54,353 $5,000 $3,860 $0 16 GAS TAX FUND $527,924 $428,537 $447,481 $363,416 17 TRAFFIC SAFETY FUND $0 $0 $10,000 $4,000 20 MEASURE "I" FUND $28,432 $293,651 $63,000 $119,272 25 SPRING MOUNTAIN RANCH $80,600 $4,720 $25,000 $50,000 26 LNDSCP & LGTG ASSESSMENT DIST $16,181 $14,670 $41,083 $56,238 56 ROAD MAINTENANCE & REHAB ACCT $914 $202,000 $202,000 $0 67 PUBLIC, EDUCATIONAL & GOVT ACCESS $0 $0 $0 $19,300 76 EIFD - ENHANCED INFRAST FIN DIST $4,725 $0 $0 $0 90 COVID-19 FEMA REIMBURSEMENT FUND $30,268 $123,180 $0 $0 91 SB COUNTY CORONA VIRUS RELIEF $0 $153,426 $0 $0 92 CDBG - COVID $0 $0 $0 $0 93 COVID - INFRASTRUCTURE $0 $274,200 $0 $0 94 ARPA $0 $0 $160,000 $2,832,000 ENTERPRISE FUND 21 WASTEWATER DISPOSAL FUND $88,570 $88,570 $0 $0 GRANT FUNDS 22 CDBG - COMM DEV BLOCK GRANT $53,724 $30,385 $35,000 $60,140 65 SENIOR BUS PROGRAM FUND $67,315 $62,924 $70,623 $146,825 66 CAL RECYCLE GRANT $937 $0 $0 $0 73 ACTIVE TRANSPORTATION PRGRM FUND $0 $0 $3 $0 74 HIGHWAY SAFETY IMPROV PROGRAM $21,685 $442,564 $4,768 $44,000 75 EMER MGMT PREP GRANT (EMPG)$0 $0 $9,000 $0 77 SO CAL INCENTIVE PROJ (SCIP) GRANT $178,900 $0 $0 $0 SUCCESSOR AGENCY 31 S/A RDA REVENUE FUND $1,527,676 $0 $0 $0 32 S/A CAPITAL PROJECTS FUND $11,111 $388,132 $0 $0 33 S/A DEBT SERVICE FUND $918,551 $887,367 $296,825 $0 36 2011 TABS A & B BOND PROCEEDS $16,941,138 $0 $0 $0 CAPITAL PROJECT FUNDS 45 CIP - COMMERCE WAY $36,384 $65 $65 $839,594 46 CAPITAL IMPROVEMENTS - STREETS $139,986 $456,893 $0 $0 47 CAP.PRJ. BARTON/COLTON BRIDGE $2,650 $18,623 $4,500 $0 48 CAPITAL PROJECTS FUND $1,186 $0 $0 $0 49 CAPITAL PROJECTS FUND- PARKS $13,495 $37,495 $5,000 $1,804,606 52 HOUSING AUTHORITY $26,829 $21,734 $52,763 $32,789 95 DOG PARK ENDOWMENT FUND $0 $0 $0 $0 $27,199,153 $10,635,471 $8,341,943 $14,216,068 Cityof Grand Terrace FY 2022-23 Proposed Expenditure Summary by Fund G.14.a Packet Pg. 469 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 470 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) City of Grand Terrace FY2022-23 Proposed Budget Revenue and Expense Summarized by Category G.14.a Packet Pg. 471 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) General Fund Development Impact Fees Special Revenue Funds Revenues Property Tax $2,078,595 $0 $57,325 Residual Receipts - RPTTF $2,402,700 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $635,000 $0 $0 Licenses, Fees & Permits $665,400 $103,000 $66,400 Sales Tax $1,125,400 $0 $300,000 Intergovernmental Revenue/Grants $60,500 $0 $1,972,080 Charges for Services $178,000 $3,000 $0 Fines & Forfeitures $68,300 $0 $4,500 Miscellaneous $36,710 $0 $0 Use of Money & Property $34,660 $4,200 $2,800 Waste Water Receipts $318,349 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $80,000 $0 $70,000 Gas Tax $0 $0 $367,300 Total Revenues $7,683,614 $110,200 $2,840,405 Expenditures Salaries $1,482,899 $0 $50,366 Benefits $1,356,069 $0 $25,879 Materials & Supplies $323,605 $0 $155,000 Professional/Contractual Services $4,250,568 $0 $2,906,500 Equipment $0 $0 $0 Lease of Facility/Equipment $12,000 $0 $0 Utilities $229,448 $0 $95,080 Capital Projects $0 $0 $240,000 Debt Service $0 $0 $0 Transfers Out $110,700 $0 $50,000 Overhead Cost Allocation ($81,950)$0 $81,950 Total Expenditures $7,683,339 $0 $3,604,776 Impact to Fund Balance Revenues $7,683,614 $110,200 $2,840,405 Expenditures $7,683,339 $0 $3,604,776 Net - Increase to or (Use of) Fund Balance $275 $110,200 ($764,371) City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund Type G.14.a Packet Pg. 472 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 21 52 Enterprise Fund Grant Funds Successor Agency Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $243,105 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $3,000 $0 Use of Money & Property $4,000 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $10,700 $0 Gas Tax $0 $0 $0 Total Revenues $4,000 $256,805 $0 Expenditures Salaries $0 $45,441 $0 Benefits $0 $24,584 $0 Materials & Supplies $0 $800 $0 Professional/Contractual Services $0 $79,140 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $5,000 $0 Utilities $0 $0 $0 Capital Projects $0 $96,000 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $0 $250,965 $0 Impact to Fund Balance Revenues $4,000 $256,805 $0 Expenditures $0 $250,965 $0 Net - Increase to or (Use of) Fund Balance $4,000 $5,840 $0 City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund Type G.14.a Packet Pg. 473 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 70 Capital Project Funds Housing Authority TOTAL Revenues Property Tax $0 $0 $2,135,920 Residual Receipts - RPTTF $0 $0 $2,402,700 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $635,000 Licenses, Fees & Permits $0 $0 $834,800 Sales Tax $0 $0 $1,425,400 Intergovernmental Revenue/Grants $1,589,952 $65,000 $3,930,637 Charges for Services $0 $0 $181,000 Fines & Forfeitures $0 $0 $72,800 Miscellaneous $0 $0 $39,710 Use of Money & Property $0 $0 $45,660 Waste Water Receipts $0 $0 $318,349 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $160,700 Gas Tax $0 $0 $367,300 Total Revenues $1,589,952 $65,000 $12,549,976 Expenditures Salaries $0 $6,073 $1,584,779 Benefits $0 $2,500 $1,409,032 Materials & Supplies $0 $0 $479,405 Professional/Contractual Services $772,927 $24,036 $8,033,171 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $17,000 Utilities $0 $180 $324,708 Capital Projects $1,871,273 $0 $2,207,273 Debt Service $0 $0 $0 Transfers Out $0 $0 $160,700 Overhead Cost Allocation $0 $0 $0 Total Expenditures $2,644,200 $32,789 $14,216,068 Impact to Fund Balance Revenues $1,589,952 $65,000 $12,549,976 Expenditures $2,644,200 $32,789 $14,216,068 Net - Increase to or (Use of) Fund Balance ($1,054,248)$32,211 ($1,666,092) City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund Type G.14.a Packet Pg. 474 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) City of Grand Terrace FY2022-23 Proposed Budget Revenue and Expense Detailed by Category and Fund G.14.a Packet Pg. 475 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 10 61 62 General Fund Community Benefits Fund Light Up Grand Terrace Revenues Property Tax $2,078,595 $0 $0 Residual Receipts - RPTTF $2,402,700 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $635,000 $0 $0 Licenses, Fees & Permits $665,400 $0 $0 Sales Tax $1,125,400 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $60,500 $0 $0 Charges for Services $178,000 $0 $0 Fines & Forfeitures $66,300 $0 $0 Miscellaneous $26,710 $0 $0 Use of Money & Property $34,660 $0 $0 Waste Water Receipts $318,349 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $50,000 $20,000 $10,000 Total Revenues $7,641,614 $20,000 $10,000 Expenditures Salaries $1,482,899 $0 $0 Benefits $1,356,069 $0 $0 Materials & Supplies $323,605 $0 $0 Professional/Contractual Services $4,198,568 $20,000 $10,000 Equipment $0 $0 $0 Lease of Facility/Equipment $12,000 $0 $0 Utilities $229,448 $0 $0 Capital Projects $0 $0 $0 Debt Service $0 $0 $0 Transfers Out $110,700 $0 $0 Overhead Cost Allocation ($81,950)$0 $0 Total Expenditures $7,631,339 $20,000 $10,000 Impact to Fund Balance Revenues $7,641,614 $20,000 $10,000 Expenditures $7,631,339 $20,000 $10,000 Net - Increase to or (Use of) Fund Balance $10,275 $0 $0 GENERAL FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 476 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 63 64 68 GT Illegal Fireworks Enforcement Public Safety Fund 40th Year Birthday Celebration Fund Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $0 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $2,000 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $2,000 $0 $0 Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $2,000 $0 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Utilities $0 $0 $0 Capital Projects $0 $0 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $2,000 $0 $0 Impact to Fund Balance Revenues $2,000 $0 $0 Expenditures $2,000 $0 $0 Net - Increase to or (Use of) Fund Balance $0 $0 $0 GENERAL FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 477 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 69 70 Community Day Fund Equipment Replacement Reserve TOTAL Revenues Property Tax $0 $0 $2,078,595 Residual Receipts - RPTTF $0 $0 $2,402,700 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $635,000 Licenses, Fees & Permits $0 $0 $665,400 Sales Tax $0 $0 $1,125,400 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $0 $60,500 Charges for Services $0 $0 $178,000 Fines & Forfeitures $0 $0 $68,300 Miscellaneous $10,000 $0 $36,710 Use of Money & Property $0 $0 $34,660 Waste Water Receipts $0 $0 $318,349 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $80,000 Total Revenues $10,000 $0 $7,683,614 Expenditures Salaries $0 $0 $1,482,899 Benefits $0 $0 $1,356,069 Materials & Supplies $0 $0 $323,605 Professional/Contractual Services $20,000 $0 $4,250,568 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $12,000 Utilities $0 $0 $229,448 Capital Projects $0 $0 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $110,700 Overhead Cost Allocation $0 $0 ($81,950) Total Expenditures $20,000 $0 $7,683,339 Impact to Fund Balance Revenues $10,000 $7,683,614 Expenditures $20,000 $7,683,339 Net - Increase to or (Use of) Fund Balance ($10,000)$275 GENERAL FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 478 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 11 12 13 Street Fund Storm Drain Fund Park Fund Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $83,000 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $0 $0 Charges for Services $3,000 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $2,000 $800 $800 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $88,000 $800 $800 Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $0 $0 $0 Equipment $0 $0 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Capital Projects $0 $0 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $0 $0 $0 Impact to Fund Balance Revenues $88,000 $800 $800 Expenditures $0 $0 $0 Net - Increase to or (Use of) Fund Balance $88,000 $800 $800 City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund DEVELOPMENT IMPACT FEES G.14.a Packet Pg. 479 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 19 Facilities Fund Total Revenues Property Tax $0 $0 Residual Receipts - RPTTF $0 $0 Proceeds from Sale of Property $0 $0 Franchise Fees $0 $0 Licenses, Fees & Permits $20,000 $103,000 Sales Tax $0 $0 Gas Tax $0 $0 Intergovernmental Revenue/Grants $0 $0 Charges for Services $0 $3,000 Fines & Forfeitures $0 $0 Miscellaneous $0 $0 Use of Money & Property $600 $4,200 Waste Water Receipts $0 $0 Residual Receipts - Sr Ctr $0 $0 Transfers In $0 $0 Total Revenues $20,600 $110,200 Expenditures Salaries $0 $0 Benefits $0 $0 Materials & Supplies $0 $0 Professional/Contractual Services $0 $0 Lease of Facility/Equipment $0 $0 Utilities $0 $0 Utilities $0 $0 Capital Projects $0 $0 Debt Service $0 $0 Transfers Out $0 $0 Overhead Cost Allocation $0 $0 Total Expenditures $0 $0 Impact to Fund Balance Revenues $20,600 $110,200 Expenditures $0 $0 Net - Increase to or (Use of) Fund Balance $20,600 $110,200 City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund DEVELOPMENT IMPACT FEES G.14.a Packet Pg. 480 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 14 15 16 Supplemental Law Enforcement Svcs Fund (SLESF) Air Quality Improvement Fund Gas Tax Fund Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $16,400 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $367,300 Intergovernmental Revenue/Grants $165,000 $0 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $400 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $70,000 Total Revenues $165,000 $16,400 $437,700 Expenditures Salaries $0 $0 $50,366 Benefits $0 $0 $25,879 Materials & Supplies $0 $0 $5,000 Professional/Contractual Services $160,000 $0 $151,770 Equipment $0 $0 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $82,000 Capital Projects $0 $0 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0Overhead Cost Allocation $550 $0 $48,400 Total Expenditures $160,550 $0 $363,416 Impact to Fund Balance Revenues $165,000 $16,400 $437,700 Expenditures $160,550 $0 $363,416 Net - Increase to or (Use of) Fund Balance $4,450 $16,400 $74,285 SPECIAL REVENUE FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 481 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 17 20 25 Traffic Safety Fund Measure "I" Fund Spring Mountain Ranch Mitigation Fund Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $50,000 Sales Tax $0 $300,000 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $0 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $4,500 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $400 $2,000 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $4,500 $300,400 $52,000 Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $4,000 $46,272 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Utilities $0 $0 $0 Capital Projects $0 $40,000 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $50,000 Overhead Cost Allocation $0 $33,000 $0 Total Expenditures $4,000 $119,272 $50,000 Impact to Fund Balance Revenues $4,500 $300,400 $52,000 Expenditures $4,000 $119,272 $50,000 Net - Increase to or (Use of) Fund Balance $500 $181,128 $2,000 SPECIAL REVENUE FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 482 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 26 67 76 Landscape & Lighting Assessment Dist Public, Educational & Gov't Access (PEG) Enhanced Infrastructure Fin Dist (EIFD) Revenues Property Tax $57,325 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $19,300 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $57,325 $19,300 $0 Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $43,158 $19,300 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Utilities $13,080 $0 $0 Capital Projects $0 $0 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $56,238 $19,300 $0 Impact to Fund Balance Revenues $57,325 $19,300 $0 Expenditures $56,238 $19,300 $0 Net - Increase to or (Use of) Fund Balance $1,087 $0 $0 SPECIAL REVENUE FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 483 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 56 94 RMRA Fund ARPA Fund TOTAL Revenues Property Tax $0 $0 $57,325 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $66,400 Sales Tax $0 $0 $300,000 Gas Tax $0 $0 $367,300 Intergovernmental Revenue/Grants $282,600 $1,505,180 $1,972,080 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $4,500 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $2,800 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $70,000 Total Revenues $282,600 $1,505,180 $2,840,405 Expenditures Salaries $0 $0 $50,366 Benefits $0 $0 $25,879 Materials & Supplies $0 $150,000 $155,000 Professional/Contractual Services $0 $2,482,000 $2,906,500 Equipment $0 $0 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $95,080 Capital Projects $0 $200,000 $240,000 Debt Service $0 $0 $0 Transfers Out $0 $0 $50,000 Overhead Cost Allocation $0 $0 $81,950 Total Expenditures $0 $2,832,000 $3,604,776 Impact to Fund Balance Revenues $282,600 $1,505,180 $2,840,405 Expenditures $0 $2,832,000 $3,604,776 Net - Increase to or (Use of) Fund Balance $282,600 ($1,326,820)($764,371) SPECIAL REVENUE FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund G.14.a Packet Pg. 484 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 21 Waste Water Disposal Fund TOTAL Revenues Property Tax $0 $0 Residual Receipts - RPTTF $0 $0 Proceeds from Sale of Property $0 $0 Franchise Fees $0 $0 Licenses, Fees & Permits $0 $0 Sales Tax $0 $0 Gas Tax $0 $0 Intergovernmental Revenue/Grants $0 $0 Charges for Services $0 $0 Fines & Forfeitures $0 $0 Miscellaneous $0 $0 Use of Money & Property $4,000 $4,000 Waste Water Receipts $0 $0 Residual Receipts - Sr Ctr $0 $0 Transfers In $0 $0 Total Revenues $4,000 $4,000 Expenditures Salaries $0 $0 Benefits $0 $0 Materials & Supplies $0 $0 Professional/Contractual Services $0 $0 Equipment $0 $0 Lease of Facility/Equipment $0 $0 Utilities $0 $0 Capital Projects $0 $0 Debt Service $0 $0 Transfers Out $0 $0 Overhead Cost Allocation $0 $0 Total Expenditures $0 $0 Impact to Fund Balance Revenues $4,000 $4,000 Expenditures $0 $0 Net - Increase to or (Use of) Fund Balance $4,000 $4,000 City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund ENTERPRISE FUND G.14.a Packet Pg. 485 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 486 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 22 65 66 Community Dev Block Grant (CDBG) Senior Bus Program Cal Recycle Grant Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $60,140 $138,965 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $3,000 $0 Use of Money & Property $0 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $10,700 $0 Total Revenues $60,140 $152,665 $0 Expenditures Salaries $0 $45,441 $0 Benefits $0 $24,584 $0 Materials & Supplies $0 $800 $0 Professional/Contractual Services $60,140 $19,000 $0 Equipment $0 $0 $0 Lease of Facility/Equipment $0 $5,000 $0 Utilities $0 $0 $0 Capital Projects $0 $52,000 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $60,140 $146,825 $0 Impact to Fund Balance Revenues $60,140 $152,665 $0 Expenditures $60,140 $146,825 $0 Net - Increase to or (Use of) Fund Balance $0 $5,840 $0 GRANT FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Summary by Fund Category G.14.a Packet Pg. 487 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 73 74 92 Active Transportation Program (ATP) Highway Safety Improv Program (HSIP) Community Dev Block Grant - COVID 19 (CDBG) Revenues Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $44,000 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $0 $44,000 $0 Expenditures Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $0 $0 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Utilities $0 $0 $0 Capital Projects $0 $44,000 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $0 $44,000 $0 Impact to Fund Balance Impact to Fund Balance Revenues $0 $44,000 $0 Expenditures $0 $44,000 $0 Net - Increase to or (Use of) Fund Balance $0 $0 $0 GRANT FUNDS GRANT FUNDS City of Grand Terrace City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Summary by Fund Category FY 2022-23 Proposed Revenue & Expense Summary by Fund Category G.14.a Packet Pg. 488 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 77 So. Cal Incentive Project (SCIP) TOTAL Revenues Property Tax $0 $0 Residual Receipts - RPTTF $0 $0 Proceeds from Sale of Property $0 $0 Franchise Fees $0 $0 Licenses, Fees & Permits $0 $0 Sales Tax $0 $0 Gas Tax $0 $0 Intergovernmental Revenue/Grants $0 $243,105 Charges for Services $0 $0 Fines & Forfeitures $0 $0 Miscellaneous $0 $3,000 Use of Money & Property $0 $0 Waste Water Receipts $0 $0 Residual Receipts - Sr Ctr $0 $0 Transfers In $0 $10,700 Total Revenues $0 $256,805 Expenditures Salaries $0 $45,441 Benefits $0 $24,584 Materials & Supplies $0 $800 Professional/Contractual Services $0 $79,140 Equipment $0 $0 Lease of Facility/Equipment $0 $5,000 Utilities $0 $0 Capital Projects $0 $96,000 Debt Service $0 $0 Transfers Out $0 $0 Overhead Cost Allocation $0 $0 Total Expenditures $0 $250,965 Impact to Fund Balance Revenues $0 $256,805 Expenditures $0 $250,965 Net - Increase to or (Use of) Fund Balance $0 $5,840 GRANT FUNDS City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Summary by Fund Category G.14.a Packet Pg. 489 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 490 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 45 46 47 Capital Improvements - Commerce Way Capital Improvements - Streets Capital Projects Barton-Colton Bridge Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $0 $0 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $0 $0 $0 Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $772,927 $0 $0 Equipment $0 $0 $0 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Capital Projects $66,667 $0 $0 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $839,594 $0 $0 Impact to Fund Balance Revenues $0 $0 $0 Expenditures $839,594 $0 $0 Net - Increase to or (Use of) Fund Balance ($839,594)$0 $0 City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report Fund CAPITAL PROJECT FUNDS G.14.a Packet Pg. 491 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 48 49 Capital Projects Fund Capital Projects Fund - Parks Total Revenues Property Tax $0 $0 $0 Residual Receipts - RPTTF $0 $0 $0 Proceeds from Sale of Property $0 $0 $0 Franchise Fees $0 $0 $0 Licenses, Fees & Permits $0 $0 $0 Sales Tax $0 $0 $0 Gas Tax $0 $0 $0 Intergovernmental Revenue/Grants $0 $1,589,952 $1,589,952 Charges for Services $0 $0 $0 Fines & Forfeitures $0 $0 $0 Miscellaneous $0 $0 $0 Use of Money & Property $0 $0 $0 Waste Water Receipts $0 $0 $0 Residual Receipts - Sr Ctr $0 $0 $0 Transfers In $0 $0 $0 Total Revenues $0 $1,589,952 $1,589,952 Expenditures Salaries $0 $0 $0 Benefits $0 $0 $0 Materials & Supplies $0 $0 $0 Professional/Contractual Services $0 $0 $772,927 Lease of Facility/Equipment $0 $0 $0 Utilities $0 $0 $0 Utilities $0 $0 $0 Capital Projects $0 $1,804,606 $1,871,273 Debt Service $0 $0 $0 Transfers Out $0 $0 $0 Overhead Cost Allocation $0 $0 $0 Total Expenditures $0 $1,804,606 $2,644,200 Impact to Fund Balance Revenues $0 $1,589,952 $1,589,952 Expenditures $0 $1,804,606 $2,644,200 Net - Increase to or (Use of) Fund Balance $0 ($214,654)($1,054,248) City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report Fund CAPITAL PROJECT FUNDS G.14.a Packet Pg. 492 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) 52 Housing Authority TOTAL Revenues Property Tax $0 $0 Residual Receipts - RPTTF $0 $0 Proceeds from Sale of Property $0 $0 Franchise Fees $0 $0 Licenses, Fees & Permits $0 $0 Sales Tax $0 $0 Gas Tax $0 $0 Intergovernmental Revenue/Grants $65,000 $65,000 Charges for Services $0 $0 Fines & Forfeitures $0 $0 Miscellaneous $0 $0 Use of Money & Property $0 $0 Waste Water Receipts $0 $0 Residual Receipts - Sr Ctr $0 $0 Transfers In $0 $0 Total Revenues $65,000 $65,000 Expenditures Salaries $6,073 $6,073 Benefits $2,500 $2,500 Materials & Supplies $0 $0 Professional/Contractual Services $24,036 $24,036 Equipment $0 $0 Lease of Facility/Equipment $0 $0 Utilities $180 $180 Capital Projects $0 $0 Debt Service $0 $0 Transfers Out $0 $0 Overhead Cost Allocation $0 $0 Total Expenditures $32,789 $32,789 Impact to Fund Balance Revenues $65,000 $65,000 Expenditures $32,789 $32,789 Net - Increase to or (Use of) Fund Balance $32,211 $32,211 City of Grand Terrace FY 2022-23 Proposed Revenue & Expense Report by Fund HOUSING AUTHORITY G.14.a Packet Pg. 493 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) This page left intentionally blank. G.14.a Packet Pg. 494 At t a c h m e n t : F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ( I n t r o d u c t i o n o f t h e F Y 2 0 2 2 - 2 3 P r o p o s e d B u d g e t ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES MAY 10, 2022 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO May 10, 2022 City Council Minutes PowerPoint Presentations APRIL 10, 2022 CITY COUNCIL MEETING Conduct a Public Hearing Read by title only, waive further reading; and •Introduce an Ordinance Establishing Regulations for Urban Lot Splits and Two-Unit Developments in Accordance with Senate Bill No. 9; and •Introduce an Ordinance Adopting Amendments to Regulations of Accessory Dwelling Units and Junior Accessory Dwelling Units. 2030 Vision Statement Goal 3: To promote Economic Development by updating zoning code in preparation for future growth To preserve and protect our community, and its exceptional quality of life though thoughtful planning Background On January 25, 2022, the City Council adopted an Urgency Ordinance (No. 336-U) establishing objective standards for the regulation of Lot Splits and Two-Unit Development under SB 9 On March 3, 2022, the Planning Commission Conducted a Noticed Public Hearing and voted unanimously 4-0 adopting a Resolution recommending City Council to adopt an Ordinance establishing SB9 standards and an Ordinance updating the city’s ADU requirements Background On March 22, 2022, City Council Conducted a Noticed Public Hearing and voted unanimously 5-0 to continue the Public Hearing in order to conduct a joint meeting with the Planning Commission to further discuss the regulations On April 21, 2022, the City Council and Planning Commission held a joint session to further discuss SB9 and ADU regulations SENATE BILL 9 Lot Splits SB 9 Lot Splits Permitted only on single family residential zoned properties (RH, R1-20, R1-10,and R1-7.2) Allows subdivision of up to two parcels Allows two units per parcel Must comply with the Subdivision Map Act and lot split city standards Resulting lots must be at least 40% of the original lot size SB 9 Lot Splits SB9 subdivisions require: right-of-way access dedicate easements for utilities and public facilities Units cannot be used as short-term rentals Vacant lots may not be subdivided Ministerial Approval SB 9 Lot Splits Denial may be granted by the city if the project would have an adverse impact upon public health and safety or the physical environment Demolition restrictions established by SB9 legislation require compliance Property owner must sign an affidavit stating intent to occupy a unit as a primary residence SB 9 Lot Splits Additional City Standards Courtesy notice will be mailed Flag lots are prohibited The owner of the parcel must execute a deed restriction recorded on each of the resulting parcels, limiting the use of the properties in accordance with the City’s Ordinance SENATE BILL 9 Two-Unit Development SB 9 Two-Unit Development The city cannot impose a rear and side setback larger than 4’-0” The city can only require one parking spot per SB9 unit Two units maximum are allowed per property, plus ADUs/JADU SB 9 Two-Unit Development Additional City Standards SB9 units will not have a maximum size limit Units shall comply with: setback requirements minimum separation between detached units open space requirements maximum lot coverage Second units may not be larger than the primary residence SB 9 Two-Unit Development Additional City Standards Ministerial Approval -Administrative Site and Architectural Review Courtesy notice will be mailed Units will be limited to two stories Units must have at least 15 feet separation between structures SB 9 Two-Unit Development Additional City Standards Units shall have an unobstructed pathway to the entrance Design shall match the primary unit Flat roofs are not permitted Units will be subject to the city’s Non-owner- Occupied Rental Property Program SB 9 Two-Unit Development Additional City Standards Units are required to have a separate connection to the main water service line Sewer and wastewater systems will require an inspection to verify the capacity is sufficient SB 9 Two-Unit Development Additional City Standards Existing wastewater system: Units within 200 feet of an existing sewer line will be required to disconnect from the wastewater system and be connected to the sewer line If the second unit exceeds the current wastewater system capacity: conditions of approval will be imposed on the development to ensure compliance with the California Plumbing Code. SB 9 Two-Unit Development Additional City Standards If parcel has no space for the replacement of a wastewater system, connection to the sewer line will be required. If this is not possible, or if site improvements are required; then the Building Official or designee, shall consider circumstances for denial. SB 9 Two-Unit Development Additional City Standards Units may not be turned into condos or sold separately from other units on the parcel Property owner must execute a deed restriction Impact fees will be required once established by City Ordinance ADU/JADU ADU/JADU Additional City Standards JADUs will be limited to 500 square feet Attached and detached ADUs will not have a maximum size limit; however, units shall not be larger than the primary unit shall comply with the setback requirements required distance between units open space and lot coverage requirements ADU/JADU Additional City Standards If Ordinance requirements cannot be met, the applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to 800 square feet, provided that the unit shall comply with all other development standards including setback requirements ADU/JADU Additional City Standards ADUs are limited to two stories Units will be required to have a separate address, composed of the primary unit address with the addition of a letter (A, B, C, etc.) Units exceeding 750 square feet are required to pay development impact fees, in an amount established by City Council ADU/JADU Additional City Standards Architectural design shall match the primary residence Manufactured homes can not be more than 10 years old, shall be installed on a permanent foundation, must match the primary residence materials, color, and roof pitch as close as possible Flat roofs are prohibited Proposed Ordinances The adoption of the proposed SB9 Ordinance would repeal and replace Urgency Ordinance No. 336-U The city will be required to submit the Adopted ADU Ordinance to the Department of Housing and Community Development Environmental Review The proposed Ordinances do not require environmental review under the California Environmental Quality Act (CEQA). The adoption of SB 9 regulations is not a “project” pursuant to Government Code sections 65852.21(j) and 66411.7(n). The adoption of ADU/JADU requirements is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Fiscal Impact There will be no expenditure on the part of the City to adopt these Ordinances The cost to administer these Ordinances will be recovered through the application fees Recommendation Staff recommends the City Council read by title only, waive further reading; and Introduce an Ordinance Establishing Regulations for Urban Lot Splits and Two-Unit Developments in Accordance with Senate Bill No. 9; and Introduce an Ordinance Adopting Amendments to the Accessory Dwelling Units and Junior Accessory Dwelling Units regulations Questions ? Planning Commission Professional Services Agreement Between the City of Grand Terrace and Loma Linda Heat and Air Conditioning Inc. May 10, 2022 2030 Vision Goals 1.Ensure Our Fiscal Viability -Commit to a Balanced Budget-Identify Additional Revenue Sources-Review Expenditures and Seek Savings-Explore Creative Means to Provide Services-Ensure Appropriate Cost Recovery for Services Background •On November 15,2016,the City entered into a 3-year Maintenance Service Agreement with ACCO Engineered Systems for heating,ventilation,and air conditioning (HVAC) Preventative Maintenance Services and Air Filter and Boiler Water Treatment Services. •The contract expired on November 15,2019. Background •City staff issued bid documents for HVAC Services in accordance with the City’s purchasing ordinance.On April 12, 2022,the City issued a Notice Inviting Bids for HVAC Maintenance and Repair Services,and two (2)bids were submitted.The companies and their total base bids are as follows: Notice of Inviting Bids Annual Compensation Total Compensation for Initial 3 years Bid 1 Honeywell Building Solutions $50,099.00 $150,297 Bid 2 Loma Linda Heat and Air Conditioning Inc. $14,183.36 $42,550.08 Background •As previously shown,Loma Linda Heat and Air Conditioning Inc.is the lowest bidder.The contractor’s and subcontractor’s licenses are valid and in good standing and references provided positive feedback. •The contract will have an initial term of three years with a maximum of (2)one-year automatic extensions.The annual compensation for each of the one-year extensions will also be $14,183.36. •The total compensation for Loma Linda Heat and Air Conditioning Inc.for all 5 years would be $70,916.80. Recommendation •Staff is recommending that Council award to and approve an Agreement with Loma Linda Heat and Air Conditioning Inc.in an amount not to exceed $14,183.36 annually (total compensation for the initial three-year term:$42,550.08;total compensation for the entire 5 years:$70,916.80)for HVAC Preventative Maintenance and Repair Services and authorize the City Manager to execute agreement subject to City Attorney approval as to form. •Alternatively,the City Council may also reject all bids. Fiscal Impact •There are funds budgeted in the FY 2021-2022 Adopted Budget General Fund (10-195-257)to cover the remaining quarterly cost of HVAC Maintenance Services ($3,545.84). •There will be no fiscal impact in the current fiscal year budget with awarding the contract to Loma Linda Heat and Air Conditioning Inc. Planning Commission Professional Services Agreement Between the City of Grand Terrace and Loma Linda Heat and Air Conditioning Inc. May 10, 2022 CANNABIS -FEDERAL, STATE AND LOCAL REGULATION CITY OF GRAND TERRACE –CANNABIS WORKSHOP May 10, 2022 Benjamin R. Jones, Esq.; Aleshire & Wynder, LLP FEDERAL REGULATION (CANNABIS) •1970 –Federal Controlled Substances Act •2005 –Gonzalez v.Raich (U.S.Supreme Ct.,2005)545 U.S.1 •2013 –U.S.DOJ deprioritizes CSA enforcement against cannabis in stateswhichregulate •2014 –Congress defunds federal enforcement of CSA against medicalcannabisinstateswhichregulate •2015 –USA v.Marin All.For Med.Marijuana (N.D.Cal.2015)139 F.Supp.3d1039 •2016 –USA v.McIntosh (9th Cir.2016)833 F.3d 1163 •2018 –U.S.Attorney General Sessions creates uncertainty •2018 –Federal Gov’t resumes hands off approach to state-legal cannabisactivities;federal law heavily restricts access to banking services •2019-CSA remains valid law;39 states and DC have legal medicalcannabis;18 states and DC have legal adult-use cannabis CALIFORNIA’S PATH TO CANNABIS LEGALIZATION –MEDICINAL USE •1996 –Compassionate Use Act (Prop 215) •2003 –Medical Marijuana Program Act (SB 420) •2015 –Medical Marijuana Regulation and Safety Act (MMRSA) (AB 243, AB 266, SB 643) (name change to MCRSA in 2016 –SB 837) CALIFORNIA LAW TODAY •The Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64) •Passed by California Voters on November 8, 2016 •Legalized cannabis for personal adult use (21+) and cultivation (up to six plants) •The Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94) •B&P Code Division 10 (Sections 26000 et seq.) •Legislature’s Response to Prop 64 •Repealed MCRSA; Merged in Prop 64 to create consolidated regulatory framework governing medicinal and adult-use cannabis •Focuses on regulation of cannabis businesses •Dual licensing scheme –Preserves local control HEMP DISTINGUISHED •Defined -An agricultural product,whether growing or not,that is limited totypesoftheplantCannabissativaL.and any part of that plant,includingtheseedsoftheplantandallderivatives,extracts,the resin extracted fromanypartoftheplant,cannabinoids,isomers,acids,salts,and salts ofisomers,with a [THC]concentration of no more than 0.3 percent on a dryweightbasis.CHSC §11018.5(a). •Federal Agriculture Improvement Act of 2018 (Farm Bill) •Confirms legalization of hemp production/cultivation;hemp no longeracontrolledsubstance;establishes shared federal-state regulatoryframework •CA Law -Expressly exempts hemp from definition of “cannabis”(B&P Code§26001(f));not regulated under Prop 64/MAUCRSA •Industrial hemp is regulated under California Industrial Hemp Farming Actandassociatedregulations •Requires registration for production/cultivation of industrial hemp •Establishes regulations for production/cultivation,but notmanufacturing,processing,sale or consumption. CANNABIDIOL (CBD) •Found in the cannabis plant like THC,but non-psychoactive. •Does not contain THC. •Can be extracted from “hemp”or “cannabis”into an oil/concentrate;if purely hemp-derived,not considered “cannabis”products;otherwise,it is. •Frequently used in consumer products including food, beverages and dietary supplements. •2018 Farm Bill reserved authority to FDA;FDA issued guidance prohibiting the sale of CBD-infused food,beverages and dietary supplements in interstate commerce. •CA Assembly Bill 47 -Allows hemp-derived CBD to be included in any food, beverages,and dietary supplements sold in CA. STATE CANNABIS REGULATION UNDER MAUCRSA •State Regulations: Cal. Code of Regulations, Title 4, Div. 19 •Department of Cannabis Control •State Licensing of: •Retailers (including delivery) •Distributors •Manufacturers •Cultivators •Testing Laboratories •Microbusinesses •Cannabis Events •Track and Trace System; Cannabis Product Standards and Limits •Enforcement of MAUCRSA and State Regulations STATE LICENSE TYPES –RETAILER •Retailer •Storefront “Dispensary” •Sales by Delivery also allowed •May only sell cannabis goods, cannabis accessories, immature cannabis plants and seed, and branded merchandise of any licensee; may donate to medicinal patients. •Non-Storefront Retailer •Sales by delivery only •Must maintain licensed premises from which deliveries are conducted; premises shall be closed to the public •Note: Recent litigation confirmed local agencies have authority to prohibit deliveries into their jurisdictions. Enforcement is problematic, however. STATE LICENSE TYPES –DISTRIBUTOR •Distributor •Wholesale distribution (transportation)of cannabis, cannabis products,cannabis accessories,and licensees’ branded merchandise between licensees •May provide storage services •May package,re-package,label and re-label cannabis for retail sale •Distributor Transport Only License •May only transport immature cannabis plants and seeds to licensed retailers MANUFACTURER •Type 6 –Extractions using mechanical methods or nonvolatile solvents •Type 7 –Extractions using volatile solvents •“Volatile solvent”=any solvent that is or produces a flammable gas or vapor that,when present in the air in sufficient quantities,will create explosive or ignitable mixtures.Examples:butane,hexane,propane. •Type N –No extractions •May also:(1)Package and label;and (2)Register and Operate as a Shared-Use Facility •Type P -Only packages or repackages cannabis products or label or relabel cannabis product containers or wrappers •Type S -Conducts commercial cannabis manufacturing activities at a registered shared-use manufacturing facility •May do infusions,packaging/labeling,extractions with butter/food grade oils for use only in the Type S licensee’s own cannabis products CULTIVATOR •(a) Specialty Cottage (outdoor/indoor/mixed-light tier 1 and 2) •(b) Specialty (outdoor/indoor/mixed-light tier 1 and 2) •(c) Small (outdoor/indoor/mixed-light tier 1 and 2) •(d) Medium (outdoor/indoor/mixed-light tier 1 and 2) •(e) Nursery •conducts only cultivation of clones,immature plants,seeds,and other agricultural products used specifically for the propagation of cultivation of cannabis •(f) Processor •conducts only trimming,drying,curing,grading,packaging,and labeling of cannabis and nonmanufactured cannabis products TESTING LABORATORY •A laboratory,facility,or entity in the state that offers or performs tests of cannabis or cannabis products that is licensed by the State and accredited by an independent accrediting body •Must maintain accreditation for the testing of:(1)Cannabinoids;(2) Heavy metals;(3)Microbial impurities;(4)Mycotoxins;(5)Residual pesticides;(6)Residual solvents and processing chemicals;and (7)If tested,terpenoids. •Why?Cannabis shall not be sold pursuant to state license unless a representative sample has been tested by a licensed testing lab to ensure they are free of contaminants and labeled with accurate amounts of cannabinoids (including THC and CBD)and terpenes. STATE LICENSE TYPES –MICROBUSINESS •Must engage in at least 3 of 4:cultivation, manufacturing (no volatile solvents),distribution, retail sale •All cannabis activities must be done on same licensed premises;retail areas shall be separated •Must comply with regulations for applicable license types included within the approved microbusiness license application;additional activities can be authorized via subsequent license CANNABIS EVENTS •Event Organizer License ->Event License •Event License authorizes Event Organizer to hold a temporary cannabis event where the onsite sale (by licensed retailers)and consumption (by persons 21+)of cannabis goods is authorized at a specified date and location. •Event may be for a single day or up to 4 consecutive days. •May only be held at a county fair event,district agricultural association event,or at another venue expressly approved by a local jurisdiction for the purpose of holding a temporary cannabis event. •No sale of tobacco or alcohol at event. LOCAL REGULATIONS –ESTABLISHMENT •Public outreach; public hearings •Ordinance –Establish local laws: •Permissible zones/areas •Types of local permit(s) required •Permitted and prohibited commercial cannabis activities •Refer to state license types •Operational/safety regulations for permittees •Required application contents for completeness •Review and Decisionmaking Process; Approval authority •Appeals; Penalties; Enforcement LOCAL REGULATIONS –IMPLEMENTATION •Ordinance should authorize application fee •Reasonable estimate of costs; Deposit system? •Set amount by Fee Resolution •Fee Study/Analysis •Hearing Process •Develop Application Forms •Background checks/livescan process for cannabis business employees? CANNABIS TAXATION -STATE •Excise Tax –15% of “Average Market Price” •Imposed on retail purchasers of cannabis/cannabis products; Distributors are required to calculate and collect it from retailers. •“Average Market Price” computed as actual wholesale price x “mark up” •“Mark up” is not actual mark up, but rather a rate set by CDTFA, currently 60% •Thus, not based on gross receipts •Cultivation Tax •Imposed on cultivators •$10.08 per ounce of dry-weight flowers. •$3.00 per ounce of dry-weight leaves. •$1.41 per ounce of “fresh plant.” •Excludes immature plants and seeds. •Standard sales & use tax (retail sales only; medicinal exemption available) CANNABIS TAXATION -LOCAL •State law does not preempt local taxation •Local “cannabis tax”can be enacted with voter approval •Simple majority for general tax;2/3 majority for special tax •Gross Receipts,per-square-foot methodologies available •Establish maximum rate by ordinance;Council can then set/adjust actual rate thereafter without voter approval,subject to maximum •Standard sales and use tax revenue always available (retail sales only;subject to available medicinal exemption) •If seeking to attract legal cannabis businesses,must be careful to avoid deterring them with prohibitive costs/expenses Questions? bjones@awattorneys.com (949-250-5430)